Study On Presumption Of Patent Validity

The validity of patent rights is the basis for the realization of the value of patent property rights.The validity of patents is related to the enjoyment of rights and benefits of patentees,which underlies the construction of the entire patent system.Therefore,the validity of patent rights is one of the core issues in patent law.The validity of patent rights has its own unique form of expression,the presumption of validity.Relevant studies on the topic,logical structure,and practical impact of presumed validity of patent rights have developed a systematic understanding of the validity of patent rights and the development of patent law.The basic theory and practical application are both well researched.Unfortunately,the academic community has not given the theory of the presumption of patent validity its due attention,as a result,the related research is lacking is depth and breadth.Firstly,This paper studies the source of the presumption of patent validity,and tries to clarify why the patent right is presumed to be valid from the two aspects of “commonality” and “individuality”.It has both the problem of mutual respect between powers and its special presumption.The shortcomings of Locke’s Labor Theory of Property provide an opportunity for us to rethink the legitimate basis of the intellectual property system.Although patent rights were originally influenced by the theory of natural rights,they did not evolve along the path of natural rights.Modern patent rights have been transformed from natural rights to legal rights.In order to provide adequate legal patent protection,the authorization of patent rights by the patent office is the sole source of legal validity.Because of the professionalism and authority of the patent office,the court generally respects the validity of patent rights entered into the judicial discovery process.Legislators recognized such "respect" and demanded that other social subjects also respect the patent rights of others,and thus the presumption of the validity of patent rights was created.Secondly,presumptions cannot be created out of thin air.The basis of the presumption of patent rights originate from experience and social policy.On one hand,the practical experience of patent officials tells us that the patent office is sufficiently authoritative in terms of application examination.Unfortunately,it is still difficult to guarantee the patent quality,and the presumed mechanism can make the patent right both "valid" and questionable.On the other hand,"presumptive validity" can make the effect of patent rights stable in advance,and the patent policy contained in patent rights can also be realized.In addition,it is not only reasonable but also necessary that a patent right should be presumed to be valid.Patent authorization errors are inevitable,disputes over the validity of patent rights occur from time to time and cannot be resolved through consensus.Therefore,in order to prevent damage to patentees,public interests,and the authority of the Patent Office,the patent right must be presumed to be valid.Secondly,the true legal meaning of this presumption can only be understood by exploring its connotation as well as the logical structure that underlies it.As a type of legal presumption,the presumption of the validity of patent rights should have the following structure: basic facts,presumptive facts,and a special legal relationship between the two.In this way,the structure resulting from the presumption of patent validity can be divided into three parts:(1)the premise of validity: the basic facts in the presumption of patent validity as well as the authorization of patents;(2)the construction of validity: the special legal relationship in the presumption of patent validity and the administrative legal structure caused by the authorization of patents within the context of presumed patent validity;(3)the outcome of validity: the process of patent authorization brings about the presumption of the validity of the patent right.This thesis interprets the legal meaning of the presumption of validity of a patent right as the legal effect of a "presumption of validity" which is an outcome of the special legal structure.This legal validity requires that all other agencies,social organizations,and individuals give full respect to the authorization of the Patent Office,and shall not wantonly deny the validity of the other’s patent rights.When a third party obtains a legal reason,it may question the validity of the patent right through the relevant authority.Finally,the impact of the presumption of patent rights is a key issue for further research.In this regard,this thesis adopts a "dichotomy" approach,segmenting the analysis into two levels of presumption: "establishment" and "determination".At the "establishment" level,it is important to clarify the diverse array of considerations,specifically the functional objective,rights protection,strength,and scope.The research indicates that the presumption of patent validity has a unique effect which is different from that of the general administrative system.For the " determination" level,this thesis systematically analyzed the impact of the patent right’s presumption of validity on the overall patent system and individuals’ patent protection,therein providing theoretical basis for the reform of China’s patent law.To optimize the Chinese patent system,China should adopt the "unitary" patent invalidation system dominated by the court.After studying the practical effects of the American patent system’s presumption of patent validity,the following points were obtained:First,the presumption of patent validity has an impact on judges’ knowledge of the validity of patent rights,which is integral in litigation.The presumption of patent rights also saves on litigation costs by improving efficiency.In addition,the impact of the presumption on judges’ perception is also reflected in the formation of a special claim interpretation process in patent litigation.Correct understanding and application of the presumption of patent validity clearly elucidates the scope of the claims.This then minimizes the uncertainty of patent rights as well as addresses increasingly serious patent quality concerns.Second,the judge’s assessment of the possibility of securing injunctive relief is predicated upon the strength of the presumptive validity of the patent.Although legal relief differs between the US and China,both systems can offer injunctive relief and consider similar factors when assessing cases.For the Chinese patent system,which is still in the early stages of construction and improvement,the relevant practical experience in the United States is significant.Third,the application of the presumption of validity of the patent right eases the burden of proof for the defendant and increases the burden of proof for the plaintiff.In this environment,the plaintiff’s standard of proof is considerably higher than ordinary civil litigation.China should consider the adoption of “The U.S” patent invalidation system.This courtled method of determining the invalidation of patents is supported by a variety of basic rules including the presumption of patent validity.This presumption has a special impact on key issues such as the burden of proof and standards of proof in litigation.We cannot ignore these contents.Fourth,the presumption of patent validity has a decisive effect on the formation of China’s "dual-track system" for the settlement of patent disputes.China’s reform of the patent invalidation system cannot ignore the impact of existing traditional validity theories.The defense of definite invalidation of patents is a correct way to solve the shortcomings of the "dual-track system" under the existing institutional environment and jurisprudence.