Research On The Dilemma Of Proof And The Solutions Of Patent Tort Litigation

In recent years,patent infringement cases have increased year by year,patent infringement litigation not only involves legal issues,but also involves the identification of technical facts,which makes patent infringement litigation have different characteristics from ordinary civil litigation.This paper will start from the basic theory of burden of proof,focusing on the main line of the dilemma of proof in patent infringement litigation and its solution path.This paper is divided into three parts,the first part is the first chapter,which introduces the concept,characteristics and distribution rules of the general theory and inverted theory of the burden of proof in patent infringement litigation.The second part is the second chapter.It introduces the problems that the obligee faces in the current system of proof that it is difficult to prove the existence of infringement and the amount of infringement,and analyzes the reasons for the problem.The third part consists of chapters three,four,five and six.This paper introduces four kinds of concrete system measures from the angle of proof,proof and improving trial efficiency,which are patent infringement trap evidence collection system,burden of proof inversion system,evidence exchange system and technical investigator system.To provide some suggestions for solving the problem of "hard proof" in patent infringement litigation.In order to solve this problem,it is necessary to widen the way of obtaining evidence and proof,to sort out and solve the problems existing in the way of obtaining evidence and proof,and to construct perfect and diversified channels of obtaining evidence and proving evidence.At the same time,it is necessary to improve the efficiency of the court and provide the system support for the judge to hear the case.