Research On Diversified Solution Mechanism Of Patent Disputes

The comprehensive national strength is actually the international competition of scientific innovation strength.However,the patent system can escort the development of science and technology,especially the realization of innovation.General Secretary Xi Jinping emphasized the excited goal of building a world-class science and technology power nation on the occasion of the centennial of the founding of the People’s Republic of China.To achieve this goal must vigorously encourage innovation to promote the continuous improvement of new technologies and emerging industries.Scientific and technological innovation is usually accompanied by interest disputes,even though litigation as the traditional patent system is significant,a single action can’t match the particularity of disputes and it also increase the burden on the courts.Therefore,exploring an efficient multi-disciplinary solution mechanism for patent disputes is of great significance for reducing the rights of rights holders to protect their rights and stimulating enterprise innovation drive.This paper is based on Chinese practice,combined with the situation of domestic and foreign patent dispute resolution and drew lessons from foreign experience,and perfects the theoretical system of the diversification of China’s patent.In practice,it is helpful to relieve the pressure of the court,realize the reasonable diversion and transfer of patent dispute cases.What’s more,it can promote the patent problems to be quickly solved,even also beneficial to maintain the economic interests of the market transactions between the two sides.This paper based on the overview of patent disputes,analysis of the of patent rights and the particularity of dispute,to study the basic theory by searching the patent dispute settlement mechanism and put forward to perfect the diversity of adapt to the characteristics of patent disputes settlement mechanism.By contrast the limitations of patent litigation and patent disputes litigation solving advantage,it points out building diversified dispute settlement mechanism is necessary to disputes..Secondly,the paper analyzes the current situation of the diversified settlement mechanism of patent disputes in China from the perspectives of justice,administration,arbitration and mediation,and finds out and points out the major problems in practice,such as the lack of legislation,the cohesion of various settlement mechanisms,the lack of professional dispute settlement institutions,and the shortcomings of pre-litigation injunction.Then,from the perspective of reference,through comparative research methods,the paper respectively evaluates and analyzes the diversified construction of patent dispute settlement in international organizations and typical foreign countries.In view of the domestic system construction to solve the main problems,the relevant foreign experience to make a summaryFinally,on the basis of the useful experience at home and abroad,this paper puts forward Suggestions on the improvement of various mechanisms for solving patent disputes in China.At the same time,from the legal level to determine the status of the litigation settlement mechanism outside the,uphold and improve the existing litigation,arbitration and mediation mechanism,formulating special patent dispute solution,establish procedures to guide,court of alternative dispute resolution procedures and judicial confirmation and other support mechanisms,so as to promote the benign interaction between the various mechanisms.