Research On Legal Issues Of Patent Judicial Confirmation

The patent confirmation right refers to the process of the trial of the patent application issued by the patent authorization department and the invalidation of the patent claim,and the judicial review procedure initiated by the act.However,at present,China's patent judicial confirmation legality is not strong,the implementation efficiency is low,the procedures are cumbersome and complicated,and there are many derivative problems.This not only increases the judicial cost of patent judicial confirmation,but also brings additional burdens and troubles to the parties.It also seriously damages the social and public interests,is not conducive to the stimulation and promotion of innovation work,and hinders the creation and application of intellectual achievements.And spread.To address and solve the legal problems of patent judicial confirmation,so that the efficient and stable operation of the law is the focus of China's patent judicial reform,and it is also necessary for China's intellectual property innovation protection and international competitiveness.Therefore,the improvement of patent justice is indeed The legal system of rights is imperative.This paper uses historical analysis,comparative research,empirical analysis and logical analysis to conduct research.Firstly,it defines the concept of patent judicial confirmation,the characteristics of patent judicial confirmation and the legal significance of patent judicial confirmation.Secondly,this paper introduces and evaluates the foreign patent judicial confirmation law.The patent judicial confirmation laws of all countries in the world have their own development track and history.The emergence,development and improvement of the patent judicial confirmation law are also subject to the economic conditions,political system,judicial system,legal culture and the interests of all parties.As well as the influence of national conditions and other factors,it shows distinctive legal attributes with national characteristics.Finally,this paper systematically analyzes the main problems and causes of China's patent judicial confirmation law,and concludes that the main reasons for such problems are excessive trials,separation of powers from infringement cases,and conflicts of litigation procedures.Based on the above problems,it proposes solutions to improve the efficiency of trials,improve the quality of technical investigations,and strengthen the centralized trial of patent cases.