Research On The Judicial Authentication System Of Patent Technology

Through the study of relevant patent infringement cases,the thesis focuses on discussing the problems existing in the practical operation of the judicial expertise system of patent technology,such as the commons and the features.Combining with existing research results,it deeply analyses the cause of the problems.Furthermore,it elaborates the importance of improving the judicial expertise system and the necessity of coordinating related identification system of technical facts.Finally,it puts forward the specific method and the measures, in order to improve the status of the judicial expertise of patent technology.The first part briefly introduces the basic concept and the situation of the judicial expertise system of patent technology.The paper mainly elaborates the origin,the necessity of the judicial expertise system of patent technology and the application in the current practice.Furthermore,it mentions foreign methods to solve the disputes of patent technology and enlightenment for China,such as expert witness system in Anglo-American Legal System, Markman hearing program in the United States, forensic investigators and professional committee in Japan.The second part focuses on the analysis of the common problems in the judicial expertise system of the intellectual property.There are three aspects. The first aspect is the problems of the unilateral entrusting expertise, such as the difficulty to determine the authenticity of test material,the possible interest relation between expert and client,the nonindependent expert conclusion and the experts hardly appear in court.The second aspect is study on the expertise beyond its scope.On one hand,there are the confusion of the expertise matters, which result in the waste of litigation expenses and could not take advantage of litigation evidence.On the other hand, there are over range on the expertise conclusion,because the experts are short of basic legal knowledge.The third aspect is the situation that expertise conclusion takes the place of the substantive examination.such as neglecting the important substance and attaching importance to form conditions.The third part is about the features of the judicial expertise of patent technology.Firstly, the foundation of expertise just focuses on right-claiming document,instructions and figures.Once it involves the application of Principle of Prosecution History Estoppel,expertise conclusion is generally inadmissible.Secondly,the equivalent cognizance in judicial practice is lack of standardization.For one thing,the cognizant object is incorrect. It refers to the technical features and does not extend to the overall technical scheme. For another,there are improper standard of application in the process of the equivalent cognizance.Thirdly,there is something wrong with the induction of the technical features.Due to the lack of a good understanding of the patent claims,it leads to the improper induction,such as adding or omitting technical features.Also,the comparison of functional technical features is incorrect for the reason that experts are inexperienced in that field and two different interpretations bring about a certain degree of confusion.The fourth part is about the countermeasures against the above question,including improving unilateral entrusting expertise,defining the legal problems and the factual problems,refining the rules of cross-examination,introducing new evidence for expertise, grasping the basic interpretation rules, unifying interpretation position of functional technical features and so on.The fifth part mainly discusses the related identification system of technical facts.Through analyzing the rationality and necessity of the expert assistant and technical investigation officer system,the thesis puts forward the concrete measures,such as defining the scope of technical investigation officer selection and specific allocation,confirming the application and qualification of the expert assistant,regularizing the rules of procedure and so on.