Research On "Loop Suit" In Patent Invalidity System Of China

"Loop suit" is always a difficult problem in the practice of patent invalidation. It does not only lead to protracting of Patent suit and consuming a lot of administrative and judicial resources, but also may provide an opportunity for malicious suit, which also cause a result of patent instability and damage of parties' rights and social interests. An effective solution to the problem of "loop suit" in the litigation of patent invalidation, will be beneficial to effective settlement of the dispute between the parties, avoiding malicious suit, saving administrative and judicial resources and also protecting the parties' rights and social interests.The main reason of the "loop suit" in the litigation of patent invalidation is the defects of the institution of China's patent invalidation. These defects mainly reflected in two aspects, one is that the scope of review in the retail of the Board of Patent Appeals is not comprehensive, the other one is that the modification right of People's Court is scanty in administrative procedure. However, there would be no "loop suit" in those countries such as the United States, France, Germany and Japan. Because there is perfect Patent Invalidity System in those countries , there are few cases on "loop suit" in these countries. The similar reasons about this phenomenon are as follows: Judicial Variation of the Court is more powerful in those countries, and Invalid patent disputes are ultimately resolved through the judicial process.In order to resolve the "loop suit" problem in the litigation of patent invalidation, we should base on the situation of China, find out the reason of this problem , refer to the mature patent invalidation institution of the foreign counties and regions, improve the institution of China's patent invalidation .The means to the improvement of institution are as follows: replacing means of administrative review by means of judicial review, changing the nature of the litigation of patent invalidation, and trying to establish Intellectual Property Courts, expanding Judicial Variation of the Court, and so on.