Research On Patent Invalidation System

The existing patent invalidation program runs as follows: First,the patent invalidation requester filed a patent invalidation request with the Patent Office of the State Intellectual Property Office.Then,the Review and Invalidation Department of the Patent Office of the State Intellectual Property Office accepted and formed a collegiate bench to review the validity of the patent right and make a decision on whether to declare the patent right invalid.Next,the patentee or the person who filed the patent invalidation request is dissatisfied with the decision made by the review and invalidation department of the Patent Office of the State Intellectual Property Office,and may appeal to the people’s court to cancel the review and invalidation of the Patent Office of the State Intellectual Property Office.The decision.Finally,the People’s Court formed a collegiate bench to hear patent invalidation disputes.Compared with the institutional arrangements in which the United States and Japan have the right to examine the validity of patents by both the administrative authorities and the judicial organs,the patent invalidation system in China still appears to be very backward.The Patent Office of the State Intellectual Property Office is the only authority that has the power to review and make decisions on the validity of patent rights,and the patent invalidation procedure adopts a monorail system,and only requests for patent invalidation from the Patent Office of the State Intellectual Property Office,and Only after it has made a decision can it be prosecuted in the people’s court.At the same time,the patent invalidation litigation adopts the final review mode of the two trials of administrative litigation.The people’s court can only conduct a formal review of the procedures for making decisions by the Patent Office of the State Intellectual Property Office,and cannot conduct substantive examination of the validity of patent rights.This makes the patent invalidation dispute operation procedure inefficient and the problem of circular litigation unresolved for a long time.At the same time,patent invalidation disputes are closely related to patent infringement disputes.The precondition for the establishment of patent infringement is that the patent right exists effectively.If the validity of the patent right is denied,there is no room for patent infringement.It is not possible to straighten out the relationship between the two.In the trial of patent infringement cases,it is easy to cause the patentee’s rights and interests to be unresolved for a long time due to the suspension of trials.Objectively,this will dampen the enthusiasm of the inventors for applying for patent rights.While studying the problems of the patent invalidation system,the author also understands the proposals put forward by the reform of the patent invalidation system in the academic circle.In the comparative analysis of various patent invalidation system amendment programs,it is found that there is a huge gap between various programs,and it is impossible to reach a consensus on reform.In the face of differences,it is necessary to integrate the experience accumulated through the existing institutional arrangements,and to find suggestions for solving existing problems from various reform programs.The author believes that the proposals put forward by the scholars for the reform of the patent invalidation system are proposed on the premise that the subject of patent invalidation has not changed.In the face of the changes in the existing patent invalidation mechanism,various reform programs have been unable to adapt to the new Happening.However,there are still some reasonable points for reference.In the future,if China fails to re-construct the patent invalidation system,it needs to improve the existing patent invalidation system and gradually improve the system.That is to take the program optimization as a perspective,and gradually reform to resolve the problems in the operation of China’s patent invalidation system.The author believes that it is possible to limit the questioning of the validity of patent rights by limiting the scope and time frame of the person who filed the patent invalidation request.On the basis of the establishment of an intellectual property court,the intellectual property court should not question the professionalism of the patent dispute hearing,and should give the intellectual property court the right to judge the validity of the patent right.This can avoid long delays in patent invalidation disputes,resulting in long-term instability of patent rights during the validity period.At the same time,the optimization of patent invalidation system should take into account the facilitation of patent infringement dispute resolution.If the intellectual property court hears the infringer in the trial of patent infringement case,the intellectual property court can directly judge the validity of the patent right.This will solve the problem that patent infringement disputes will not be relieved for a long time due to suspension of trials.