Legal Remedies For Relevant Stakeholders After Invalidation Of Patents

On January 4,2019,the "People's Republic of China Patent Law Amendment(Draft)" was published in the National People's Congress Network.The draft strengthened the protection of patents,introduced a maximum of five times punitive damages for intentional infringement,and increased the court's discretionary compensation.The amount;Article 20 also increases the principle of honesty and credit for applying for patents and exercising patent rights,and clarifies the severe crackdown on patent infringement and the strong resistance to malicious litigation.At the same time,however,although the amendment discussed the procedural issues of patent invalidation,the legislature did not adopt it because of the large differences in opinions on change.At the same time,the legal remedies for relevant stakeholders after the invalidation of patents lack the operability,which affects the implementation effect of patents in China and needs further discussion.After the patent is invalidated,the damage caused to the original patentee by malicious means,or the return of the property of the relevant interest is unfair,not only violates the principle of good faith advocated by the patent law,but may also be suspected of malicious litigation,and it is unfair to return the relevant property.To be returned,the damage caused by malicious intent is compensated.However,the remedies for the relevant stakeholders in China's patent law are too general.After the patents are invalid,there is no clear stipulation on the remedies of which stakeholders under what circumstances,which leads to the confusion of the judges in the judicial practice in applying the law.There is no specific standard for the amount of compensation,and even inconsistent judgments may occur,and the rights and interests of relevant stakeholders cannot be fundamentally guaranteed.At the same time,due to the limited resources available in the review,it is difficult to exhaust the existing technology,and the patent disclosure process in China is not transparent enough.The patent examiner has limited technology,which makes some patents that should not be granted patents granted patent rights.The number of invalid cases is increasing,and the legal remedies for relevant stakeholders cannot be delayed.By analyzing the problems existing in the law,combined with the specific cases in practice,this paper clarifies the specific circumstances of the original patentee's malicious and non-returning property,and clarifies the applicable requirements for the relevant stakeholders after the patent is invalid.According to different situations,from the perspective of litigation interests and contractual interests,combined with relevant laws and judicial interpretations,in-depth study of the legal basis and scope of relief for stakeholders after patent invalidation.