Research On The Perfection Of China's Patent Confirmation Mechanism

When a patent infringement dispute occurs,the right holders file a lawsuit with the people's court,and the defendant often raises objections to the validity of the patent right and files a patent invalidation declaration with the Patent Reexamination Board under the State Intellectual Property Office.This would stimulate two separate dispute proceedings at the same time.The judgment of a patent infringement lawsuit depends on the validity of the patent right involved.In order to avoid conflicts between the results of the judgment and the examination results of the Patent Reexamination Board,the receiving court will generally wait for the results of the power confirmation procedure,which will inevitably cause delays in the case and reduce the efficiency of dispute resolution.Moreover,after the patent right is confirmed by the administrative agency,there are also the first and second trials of administrative lawsuits,which have the problem of circular litigation.Because patent right determination and patent infringement litigation are resolved independently by two different teams,it is difficult to ensure the coordination of the results of the two.It can be seen that there are many problems in China's existing patent right confirmation system.This thesis first sorts out the theory of patent right confirmation system and explores the nature of patent right confirmation.Then analyzes the characteristics of the patent right confirmation system from the development history of China's current patent right confirmation mechanism,and then uses empirical analysis to study the new situation facing China's current patent protection,mainly analyzing the pressures facing China's current patent case processing..At the same time,it analyzes and summarizes many problems that China's existing patent right confirmation system faces,such as low effectiveness and inconsistency.On this basis,this article also makes a horizontal comparative study of the experience of the patent right confirmation system in advanced countries outside the region.And,based on China 's latest judicial system reform practice and the latest achievements of the rule of law,put forward their own countermeasures.On the one hand,China's patent right confirmation should adopt a dual-track system to give courts the power to confirm patent rights.In order to ensure the implementation of the system,combined with China's actual national conditions and the different requirements of China's patents,it is proposed to assign the power of utility models and design rights to intellectual property trial agencies in order to optimize the allocation of resources and effectively resolve disputes over patent rights and patent infringement.The efficiency of the case,the inconsistency between the case of infringement and the case of confirmation of rights.On the other hand,it is clear that different judicial remedy procedures apply to pre-grant patent confirmation and post-grant patent confirmation.For judicial remedy procedures before patent authorization,the administrative agency that makes the determination of the right can initiate an administrative lawsuit against the defendant.However,in the judicial remedy procedure for the patent right confirmation after grant,the parties to the dispute should be the original defendants,and the administrative agency that made the invalid review decision is only listed as the third party to further slow down the method of administrative power determination under the dual track right confirmation system.Litigation pressure on the State Intellectual Property Office.For establishing the right to invention patents,through the establishment of a unified intellectual property court to accept nationwide invention patent confirmation cases,patent invalidation cases filed against invention patents can be filed directly with the intellectual property court,which The decision of the first instance can be appealed to the Supreme People's Court,which is tried by the Intellectual Property Court of the Supreme People's Court,and the judgment of the Intellectual Property Court of the Supreme People's Court is final.The retrial cases of invention patents are tried by the Intellectual Property Tribunal of the Supreme People's Court.As a result,the issue of patent right-cycle lawsuits,the inefficiency of patent infringement lawsuits,the inconsistency between infringement lawsuits and confirming lawsuits,and the issue of the Patent Reexamination Board's listing of defendants in administrative proceedings for patent right Will radically improve significantly.