Patent Invalid Defense In Patent Infringement Lawsuit

The patent right is the civil right arising from the invention and creation,and the examination and publicity of the administrative organ is the necessary condition to define the scope of the right and the right to exercise it.The dispute about the validity of the patent right after authorization is exclusive to the administrative organ or can be accepted by the ordinary court.The American dual-track system and the German dual system have their respective operating backgrounds.Japanese court ruled that the patent validity only cases effective mode while our country academic circles,but in practice hard for the construction of our country intellectual property court and patent litigation system reform.In a patent infringement lawsuit allow invalid sued defense,and a patent case jurisdiction over intellectual property court may,for the validity of the patents involved in the line,to avoid patent infringement dispute with cross validity patent dispute of patent infringement dispute case procrastination,at the same time is conducive to clear the rights and obligations of the parties in a timely manner,but this need to first set up and its corresponding operating mechanisms.Combined with the set the distribution of the circuit court of the supreme people's court,the new set up intellectual property court,at the beginning of the patent reform of the judicial system,and their distribution in various regions with the supreme people's court responsible for the circuit court of appeals trial of patent cases,according to the number of patent cases and judicial resources data feedback,duly consider to establish a unified the United States court of appeals for the intellectual property rights,the level of the higher people's court.We will further improve China's patent infringement lawsuit system.