A Study On The Rule Of The Administrative Mediation Of Patent Disputes

The administrative mediation of patent disputes is the services provided by administrative organ to solve the patent dispute, it reflects the idea of service-oriented administration in modern times and is conducive to realize the government’s aim of serving people and solve the society disputes harmoniously. Due to the government’s policies of strengthening the enforcement and punishment on the violations of the patent right, the patent infringement have been restrained in recent years. A fair socialist market economy environment,which can support and ensure to the construction of an innovative country, has been established preliminarily. With the development of the patent system, patent infringement disputes increase year by year. At present, our country has established a judicial adjudication-centered dispute settlement mechanism, which runs along with the multiple non-judicial methods.Patent infringement disputes are with the characteristics of exclusivity, timeliness and regionalism. Compared with other non-judicial patent dispute settlement methods, the administrative mediation of patent disputes can resolve disputes in a short time, save the judicial resources and realize a win-win cooperation. However, with the growing number of the patent infringement disputes, the patent administrative disputes mediation did not play an expected role in resolving those disputes. The main reasons account for the situation is that there is no standard rules to distinguish the mediation from other behaviors and the scope of the mediation is limited. Another reason is that the mediation documents are not legal enforcement basis. All in all, lack of top design of the patent administrative disputes mediation and the judicial docking procedure plus the unclear status of the administrative organ is the root cause.In terms of other countries, patent administrative disputes mediation in England use the experience of building the service-oriented agencies, structured a perfect administrative patent disputes mediation system, while Japan’s two-track patent disputes resolution system can provide a cheap way to resolve the patent disputes through administrative mediation by utilizing public resources. And the Germany adopted the pre-mediation procedure when it comes to administrative mediation of patent disputes. Which means only when you are mediated in the Patent Office, can you bring a suit. These examples are of great reference meaning to improving our own administrative mediation of patent disputes system. Reflected on the weakness of the administrative patent dispute mediation system in our country, we should consider subdividing and categorizing the patent and establish a perfect administrative mediation of patent disputes system with the building a service-oriented government thinking and game theory. In that case, we can take the autonomy of will, fairness and confidentiality as the basic principles; we should strictly select the staffs; we can establish a system to confirm and give the judicial force to the mediation documents, also, we can develop a system for the third party to safeguard his legal rights from being disadvantageously affected by the judicial force.