On Quality Control Of Patent Invalidation Procedure

The problem of patent quality in China has a long history,and it has been intensified by the influence of patent subsidy policies in recent years.The academic research on patent quality control mostly stays at the macro policy level and lacks subtle legal provisions.Moreover,the existing research is mostly focused on the pre-examination stage,and the research in the post-examination stage is insufficient.Patent invalidation announcement as a special system to resolve disputes over the validity of authorized patents plays an important role in controlling the quality of patents.The research on quality control of patent invalidation announcement has important theoretical and practical significance.This paper summarizes the definition of patent quality in the academic,and proposes the patent quality connotation from the perspective of effectiveness:in the patent system,the degree of certainty of the patent right,the more stable the patent right,the lower the probability of being invalidated,and the higher the patent quality.From the perspective of Locke's labor property theory,"labor produces rights"and the legalist policy of intellectual property law to explain the legitimacy for the legal control of patent quality,in order to achieve the equitable principle of patent law.To clarify the differences and connections between the civil,administrative,and quasi-judicial paths of invalidation of patent patents,and to point out the positioning of civil attributes of invalidation announcement.The mathematical model was used to study the quality control mechanism of patent invalidation,and the data of its control efficiency was analyzed,it was pointed out that the patent invalidation procedure found and eliminated more low-quality patents on the basis of filling the patent examination loopholes.//When analyzing the factors affecting the quality control effect of invalid procedures,it points out that the lack of legally binding prior art disclosure obligation rules and the settlement of patent invalidation methods make the invalid patents continue to be"effective",the patent circular litigation,positive externality is the main factor affecting the quality control effect of patent invalidation.On this basis,it proposes to construct the existing technology disclosure rules centered on the patent applicant's obligations,set up the simple procedure hearing mode of patent invalidation announcement,reform the patent right confirmation unitary system,and set the reward mechanism to stimulate of invoking the patent invalidation announcement.