Study On The Conflict And Coordination Of The System For Settling Disputes On Patent Invalidation And Patent Infringement

In the patent infringement dispute,claims for invalidity are often filed in response to the alleged infringement of a patent,causing infringement proceedings to be suspended.The patent infringement dispute and the patent invalidation dispute are often intertwined.It often brings the following problems:first,the patent infringement dispute is delayed by waiting for the result of the patent validity dispute,and the second is the judgment of patent infringement dispute and the patent invalidation dispute conclusion conflict.It not only delays the patentee's operation of the patent,but also interferes with the normal operation of the alleged infringer,and wastes administrative and judicial resources.This paper first analyzes the specific cases,summarizes the reality of patent infringement disputes in various problems,and then from the institutional level to analyze the deep-seated reasons behind the problem:The first is China is the dual-track system of the patent infringement dispute and the right-confirming dispute settlement mechanism.The procedure of confirming the right is examined by the Patent Reexamination Board of the administrative organ,and the tort lawsuit is governed by some basic and intermediate people's courts.Although it helps to achieve justice,it is not efficient.Second,the dispute settlement mechanism of patent infringement and patent invalidation in China is not coordinated,including the examination standard is not unified,the trial result is not uniform;Third,the existing coordination mechanism can not effectively solve the problem of protracted cases and unfair trial results.Then,this paper examines the dispute settlement mechanism of patent infringement and patent invalidation in America,Germany and Japan.From the beginning,the United States established a system of trial of patent infringement and invalidation cases by the courts.However,the results were not good,and the mechanism of patent validity through the United States Patent and Trademark Office was reformed many times.The connection mechanism between the patent validity review procedure of the U.S.Patent and Trademark Office and the effective trial procedure in the infringement dispute is complicated.Germany,Japan and China are two-dimensional mechanism,each has its own characteristics,a lot of experience,can learn from.Finally,according to the actual situation of our country and long-term planning,macro-layout,detailed analysis.In the short term,we can solve the problem of protracted cases by setting up a system of timely announcement of the result of invalidation of patents,and at the same time suggest that the court should be given the system of mandatory invalidity defences.Giving the court limited power to review the validity of the patent right when the defendant presents more sufficient evidence of invalidity,and to prevent an unfair outcome by strengthening the communication mechanism between the review board and the court,The review board shall send members or remotely participate in the patent infringement litigation which raises the invalid defense in the court of law,crack down on the problem patent,improve the quality of the patent,and resolve the dispute effectively.In the long run,it is suggested that the intellectual property appeal court should have unified jurisdiction over patent confirmation and patent infringement cases to realize the unification of trial standards and results.