On The Choice Of My Country's Patent Right Confirmation Mode

The discussion on how to design and improve the patent confirmation system in China has always been a hot issue in the academic field,but the breakthrough point of this problem is how the patent guarantee model should be choosed? Basing on the specific method of determining the right,we can divide the patent confirmation mode into a single-track system and a dual-track system,the dual-track system can be further subdivided into an administrative confirmation monopoly system and a judicial confirmation monopoly system,at this stage,the patent confirmation model of China should belong to the monopoly system of patent administrative confirmation.About patent confirmation system of China,basing on the empirical research,many problems are serious,such as Long trial period for patent infringement cases?Lengthy patent invalidation procedure?Frequent looping proceedings.It is imperative to reform the existing patent confirmation system.After studying the systems of developed countries such as the United States,Japan,and Germany,it has found that the reform of patentrights model in the world has the following characteristics: First,the transition from "a single-track system" to "dual-track system";Second,the patent confirmation jury team is developing towards specialization and compounding;Third,the trend of centralized potentization and infringement cases is obvious;Fourth,the nature of judicial review in the process of patent confirmation is changing.By studying the process of reforming the patent confirmation model in the abovementioned developed countries,we conclude that factors affecting the reform of the patent-rights model focus on the following factors : The status quo of administrative power and judicial power allocation;Realization of the purpose of patent confirmation system;Existing resource adaptability.Considering that China's current patent confirmation model is a patent administrative confirmation single-track system,It is not feasible to completely overthrow the existing system and establish a single-track system for patent judicial confirmation.The article combines three important influencing factors with China's actual national conditions,this essay systematically analyzes the practical adaptability of the two patent authorization modes: patent administrative confirmation and judicial confirmation dual-track system and patent administrative confirmation single-track system.It is concluded that the monopoly system of patent administrative confirmation and the dual-track system of patent confirmation are incompatible with the specific national conditions of China at this stage.Our country is in an transition period from the single-track system of patent administrative confirmation to the dual-track system of patent administrative confirmation and judicial confirmation.Our reform must emphasize step by step,we can,in the process of exploration,reform the existing singletrack system of patent administrative authorization,fully establish patent-rights dualtrack parallel mode at the right time.That is to say,the reform of China's patent confirmation model should be divided into two stages.The first stage is the stage of reform and improvement of the single-track system of patent administrative confirmation,the second stage is the establishment stage of the dual-track system of patent confirmation,our country is now in the first stage,our work center should be discussed how to reform and improve the monopoly system of patent administrative confirmation.About the specific way of reforming and perfecting the single-track system of patent administrative confirmation,I have combined the positive impacts and inadequacies brought about by the reform measures in the establishment of intellectual property courts,the establishment of technical investigator systems,the rules of patent administrative cases,and the jurisdiction of patent civil and administrative cases in recent years.Raising suggestions for improvement from the improvement of the relevant system for patent confirmation,the practice and improvement of the rules for the determination of patent claims,and the reform of the jurisdiction of patent cases.I hope that I can provide some help to solve many problems in the current patent cases in China.