Research On The Effect Of Invalid Procedure On The Control Of Patent Quality

With the increasing emphasis on intellectual property protection in the country,the number of patent applications in China reached 4.229 million in 2018,The surge in patent filings has caused the burden of patent authorization review to be overburdened.At present,China's patent system setting and policy orientation have led China to pay attention to the number of patents and ignore patents.The problem of quality arises.The existence of a large number of problem patents is inevitable.As far as the legal system is concerned,the control of patent quality needs to be completed in two stages,one is the prior patent review,and the other is the post-invalidation procedure.The number of invalidity declarations in China is insufficient to maintain one percent of the effective patents in the current year.This is quite different from the rate of invalidation declarations in developed countries.It can be seen that China's invalid procedures have insufficient effect on the after-effects of patent quality.How to improve the efficiency of invalidation of patents for problem patents is a practical problem that must be solved to control the quality of patents as a whole.Analyze the mechanism of patent quality control by invalid program,and draw an invalid procedure to directly clear the problem patent and supervise the patent for the innovation subject.In order to improve the efficiency of invalid patents for problem patents,it is necessary to analyze the reasons for the low probability of invalidation procedures.The main factors that hinder the effectiveness of invalid procedures on patent quality control are:the convenience of applying existing technical defenses in litigation,and the litigation The high reconciliation rate,the court's indirect treatment of patent rights,the patent applicant's prior art disclosure obligations,the higher withdrawal rate in invalid procedures,and the application of patent circulation litigation and self-recognition rules are too rigid.In view of the factors that hinder the effect of invalid procedures on patent quality control,the paper puts forward some suggestions on how to improve the efficiency of patent quality control in China.The first is to encourage the parties to initiate invalid procedures on the problem patents,including the establishment of incentive measures to encourage the accused infringer to initiate invalid procedures;the legal liability of the patent applicant for information disclosure obligations;the self-identification rules are not to harm others and the public interest The main consideration.The second is to strengthen the quality of patent control in advance to reduce the probability of settlement in litigation and to grant the court limited power to patent invalidity.