Research On The Burden Of Proof In The Lawsuit Of Patent Recognition Non-infringement

China's patent confirmation non-infringement litigation system has not been established for a long time.Although the Supreme People's Court has successively established the acceptance conditions and jurisdiction courts of this type of litigation through the form of reply and judicial interpretation,it currently exists in theory and practice.Many problems have not been resolved,and the system design is still in the blank or controversial stage.The issues related to the burden of proof studied in this article are an important link that links the entire litigation process.The burden of proof on the surface is the back-and-forth conversion of the proof between the plaintiff and the defendant.Core.At present,the academic community generally believes that the burden of proof needs to be resolved.The first is that the disputed facts that need to be resolved need to be clearly proved.The second is to establish rules for matching the points of proof.And to determine what kind of facts needs to be undertaken in accordance with the rules of proof of responsibility is the premise of reasonable distribution.Although the facts of the dispute vary with the specific circumstances of the case,due to the particularity of the non-infringement litigation,there are rules to determine the facts of the dispute in this type of case.The main body of this article consists of five parts: Chapters 1 and 2 are based on the research background and significance of the topic,comprehensive research status at home and abroad,and are introduced based on the basic theory of patent confirmation non-infringement litigation and burden of proof.And analysis of nature and essence.The patent confirmation non-infringement lawsuit should be a type of negative confirmation lawsuit.Its remedy essence is to enable the warned person to recover the loss of goodwill brought to the plaintiff by using the patent right to send a patent infringement warning letter due to the patentee 's abuse of market dominance.The relevant provisions of Article 2 of the "Anti-Unfair Competition Law" shall be applied in litigation to determine litigation claims made by the parties such as the elimination of effects and compensation for losses.Chapters 3 to 5introduce patent confirmation non-infringement cases,in-depth analysis of typical cases,summarizing the discovery of patent non-infringement litigation on the dispute of certificationresponsibility,and from the perspective of certification liability object and certification liability allocation rules carry out targeted analysis and research on the proof responsibility of the non-infringement suit.The rules for the distribution of the burden of proof on the plaintiff and the defendant should be differentiated according to the division of the objects of proof responsibility.For the proof of non-infringing facts,the general rules of the plaintiff assuming the preliminary proof responsibility and the defendant assuming the supplementary proof responsibility are reasonable.As for the application of the special rules for the inversion of proof responsibility,one of the two conditions should be met: first,the responsibility for conduct has been transferred to the defendant;second,the patent involved is a new product method patent.Finally,drawing on the newly announced "Decisions of the Supreme People's Court on Amending Certain Provisions on Civil Litigation Evidence" provisions on the burden of proof,the judge can appropriately abandon the conventional standards and lower the standard of proof for the plaintiff's standard of proof of non-infringement.