| With the popularization of legal knowledge,people’s awareness of innovation and protection has been strengthened.In recent years,the number of patent applications and grants in China has increased rapidly,and patent infringement cases are also increasing.This requires the people’s court to quickly deal with relevant patent infringement cases and protect the legitimate rights and interests of the patentee or the accused infringer.However,China’s current patent infringement judgment and patent right effectiveness judgment adopt the two-dimensional system of civil and administrative division.In this system,there are some problems in judicial practice,such as the long trial cycle of patent infringement litigation,the long suspension of patent infringement litigation caused by patent invalidation procedure,and the unclear conditions for the court accepting patent infringement litigation to suspend the trial of cases.These problems affect the settlement rate and reduce the litigation efficiency to a great extent.To change the problems existing in China’s current system,we can refer to the patent validity examination mode of other countries and their excellent experience,introduce the defense of patent invalidity in the patent infringement litigation,and allow the court to examine the validity of the patent right involved in the patent infringement litigation.Firstly,this paper introduces the civil and administrative binary system adopted by China’s patent infringement judgment and patent validity judgment,which lays a theoretical foundation for the later analysis of typical cases of patent infringement.At the same time,it analyzes the problems existing in the current system and confirms it with the help of cases.Secondly,it analyzes the necessity and feasibility of introducing patent invalidity defense in China.The introduction of patent invalidity defense is of great significance to administrative organs,judicial organs and both parties of infringement litigation,and China’s current legal environment has been suitable for the introduction of patent invalidity defense.After that,it investigates the extraterritorial classic patent effectiveness examination mode,draws lessons from its advanced experience and cutting-edge theory,and analyzes the typical representative countries of different modes,including the United States with judicial dominance,Japan with relativism mode and Germany with strict distinction between patent infringement litigation and patent invalidity litigation.On the premise of meeting the actual needs of our country,it selects the most suitable mode for our country to learn from.Finally,when introducing the patent invalidity defense,combined with the exploration experience in China’s practice and based on China’s national conditions,this paper puts forward some suggestions on the scope of application of the patent invalidity defense,the corresponding provisions to prevent the abuse of the patent invalidity defense,and the connection between the patent infringement litigation and the patent invalidity procedure,so as to put forward some ideas for the improvement of China’s patent protection system. |
