Research On The Solving Mechanism Of Patent Invalid "Circular Litigation" In Our Country

In the trial practice of civil cases of patent infringement in our country,due to the dual separation of civil infringement litigation and administrative confirmation litigation,there often exists the "circular litigation" that makes the trial period of the case long and hard to come to an end.The "circular litigation" seriously affects the efficiency of litigation and judicial justice,can not protect the legitimate rights and interests of right holders in time,wasting judicial and administrative resources,and cracking down on the enthusiasm of patent holders for technological innovation.This is a problem to be solved urgently in litigation practice.Patent invalid declaration system and patent invalid litigation are important parts of the patent system,and the two are closely related.The significance of establishing a patent invalidation procedure lies in allowing others to challenge the validity of the granted patent,discovering the improper authorization of the Patent Reexamination Board,and correcting its mistakes in work,thus playing a role in remedying the defects of the administrative act.But nowadays,in the dispute over patent infringement litigation,since the court has no right to adjudicate the validity of the patent involved,the system is more often used as a defense against defendants.The Patent Reexamination Board that has the power to determine the validity of a patent is an administrative organ.If the patent examination decision is a specific administrative act,the parties concerned may,of course,bring an administrative lawsuit if they refuse to accept the patent.The original civil patent infringement lawsuit must suspend the hearing because of waiting for the results of administrative proceedings.Suspension of litigation process will greatly extend the litigation cycle of the case,resulting in a variety of adverse effects.If the parties are still dissatisfied with the new review decision,they still can lodge a new round of patent invalidation lawsuits,which has been protracted and circularly repeated.There are many reasons for the "circular litigation".It is impossible for the parties concerned to endlessly sue for it.It is not simply that the functions of the hearing organ are imperfect and lack justice.This paper analyzes the causes of circular litigation from the nature of litigation to the design of litigation process,from the institutional root level to the judicial administration practice,discusses the parties abuse of litigation,litigation model is unreasonable,the Patent Re-examination Commission And other reasons,and described the circular litigation will cause adverse consequences.Then based on the revision of the domestic patent law and the establishment of intellectual property courts and other practical conditions,combined with the revision of the new Patent Law,the relevant provisions of the draft and the typical case of judicial interpretation of the case,and then against the circular litigation put forward constructive suggestions suited to China's national conditions.The author believes that to completely solve the circular litigation,it is necessary to solve the dispute for the purpose,to guard against the root causes of the system;for the practice of circular litigation,the patent right to determine the power of judicial decisions should be put together in a unified exercise to avoid the people Lawsuit Dilemma Caused by Crossing.The author put forward proposals for reform from many aspects,such as reducing the factors that cause circular litigation and taking preventive measures.From the aspect of administrative law enforcement,the Patent Reexamination Board is the orientation for reform.From the perspective of judicial trial,the power to grant the patent right to the court is perfect Intellectual property trial system.Under the background of building a perfect trial system of intellectual property in our country,the issue of circular litigation will eventually be solved reasonably.