A Study Of The Monism Of Patent Confirmation Administrative Litigations

Implementing innovation-driven development strategies and promoting supply-side structural reforms require intellectual property rights to provide good protection and support.Although China's intellectual property undertaking has achieved certain achievements,intellectual property administration and judicial relief still lag behind social development.China's implementation of the dualism model of patent right confirmationadministrative litigation makes it impossible for courts to determine the validity of patent rights in patent litigation and must obtain confirmation of the validity of the patent right through the Paten ReexaminationBoard of SIPO.However,most countries in the world,based on the consideration of efficiency of litigation and the principle of final ruling of justice,apply the monism model to balance the relationship between judicial and administrative confirmation of the validity of patent rights.China's research on this status quo is relatively loose.I hope to analyze and study the problems of the dualism of patent right confirmationadministrative litigationbased on the definition of the boundary between judicial power and administrative power,combined with the exercise of the power of administrative judicialmodification and the core safeguard system of technical investigation officers.I also combine the study with the analysis of the inevitability and feasibility of the monism construction and practically put forward the monism scheme that is applicable to our country.First of all,this page introduces the status of administrative litigation of patent right confirmation in patent administrative litigation,and analyzes how the court deals with such litigation by combining the characteristics of patent litigation administrative litigation.Summarize the connotation of the dualism and the theoretical foundation for its existence,and carry out a qualitative analysis of the two fundamental theoretical issues that must be resolved in the study of the monism,that is,the review of patent invalidation and the power of judicial modification.Secondly,it analyzes the problems of china's patent confirmation dualism,and raises issues such as stimulating personal and public interestsconflicts,the possibility of incurring cyclical lawsuits,lengthy time for patent infringement lawsuits and the principle of final ruling of justice.In turn,it analyzes the inevitability of establishing monism for China's administrative litigation of patent right confirmation administrative litigation from the perspective of the driving forces of social development and the inevitable choice of specific attributes.Once again,the feasibility of establishing monism for the patent rights confirmation was demonstrated.From the two aspects of the procedural restrictions that must be resolved and the physical barriers that must be unblockedin the implementation of the monism,the theoryand practice basiswere laid down for the full implementation of the system in China.Finally,the proposal to establish a monism operation framework in China is proposed,including giving the court the power to review the validity of patents in patent confirmation and infringement litigation,improving the intellectual property court system,and enriching and broadening the procedures after patent authorization,with a focus on optimizing the profession.The mechanism for ascertaining technical facts was elaborated,with a composite judge was used as the cornerstone,the technical investigation officer as the core,and the technical consultants as necessary.