Research On Patent Invalidation And Its Remedy System In China

Patent law escorts the development of science and technology,and the development of science and technology drives the progress of society.As an important part of patent law,patent invalidation procedure has many problems in operation.Patent dispute protection process is long,evidence is difficult to collect,the amount of compensation after winning the lawsuit is low,and the cost of protection is extremely high.The key is to clarify the problems between infringement litigation and patent invalidation,as well as circular litigation.The trial speed of patent invalidation dispute cases should be accelerated,so that every case can be solved quickly,and circular litigation will not become a stumbling block in the development of China’s patent system.This paper makes further exploration and research from the perspective of the consequences and remedies of patent invalidation.With regard to the limitations of the patent invalidation system in China,this paper starts from the consequences of the patent invalidation in China,explores the problems of the traceability of the consequences of patent invalidation,the infringement damages,and the long audit cycle and unclear audit authorities in the patent invalidation system,trying to solve the frequent and time-consuming circular litigation problems in the relief channels of patent invalidation,The conflict between administrative and judicial relief.If we need to solve these problems thoroughly,we have a long way to go.The regulations on patent invalidation and its relief system can avoid detours.On the comparison and reference of patent invalidation system,on the basis of the existing research on patent invalidation in China,we learn from the system design and judicial practice of the United States,Germany and Japan in different periods about the consequences of patent invalidation and its relief procedures,including the different attitudes of some scholars in the United States,Germany and Japan towards patent invalidation,The different contents of patent invalidation system in different periods and relevant improvement measures,and the different relief methods of patent invalidation relief in different periods.In the comparative analysis,we should deeply study the patent invalidation and relief system in our country,and reasonably absorb and draw lessons from foreign experience.In order to improve the system of patent invalidation in China,we should first make clear the examination and approval authority of patent invalidation,so as to reduce the burden of the parties and shorten the examination cycle.Secondly,we should gradually improve the rationality of retroactive legislative arrangements,refine various exceptions as far as possible,and make clear what is "malicious".Finally,we should deal with the infringement damages caused by patent invalidation differently,so as to implement the principle of fairness and justice to the end.For the improvement of the remedy system of patent invalidity,the court can be granted the right of judicial change to the effect of patent right,which will truly form the situation of "judicial Finality".It can also make clear the choice of the orientation of administrative litigation and civil litigation in patent invalidation cases.For the cases with the intersection of the two,the intellectual property court will try them in a unified way,so as to realize the remedy of patent invalidation quickly.