An Research On The Solution Of Chinese Patent Infringement Litigation

In today’s world, economic competition often comes with the competition of science and technology, and the competition of the innovation ability. As one of the important parts of the intellectual property system, Patent system encourages innovation in science and technology, and plays an fundamental role in realizing the continuous development of economy.Faced with the infringement of the patent right by others, the patentee may file infringement lawsuit, so as to stop others infringement,protect his own rights and interests,and get the compensation for damages. But at this stage, the patent infringement lawsuit is serious "suspend proceedings" and that "circulation lawsuit" problem. Facing the holder of the alleged infringement, involved in the alleged infringer to court a plea of patent is invalid. Because the validity of the patent is involved in the decision based on the premise of infringement lawsuit, so the court will suspend tort litigation in this case, after patent effectiveness be determined patent infringement case again, this is known as "suspend proceedings".But our country patent validity is the only judgment authority of patent review committee, by its for patent invalidation application, make a decision on whether the patent effective judgment. Due to the decision of the patent reexamination board is regarded as the specific administrative act, so according to its decision, the applicantand the right holder may file an action for patent administrative approval. By the handling of administrative litigation of the court to confirm or revocation of the patent reexamination board decision, again by the patent reexamination board to make patent validity judgment. Due to the handling of administrative litigation of the court can not directly control the decision of the patent reexamination board, so there is patent review committee to the possibility of other reasons to the same decision again, this has led to a "circulating litigation" in the patent administrative litigation.It should be said that a patent infringement proceedings, and the possible patent approval "circulation lawsuit" patent itself ought to be of value. To exist during the fixed property rights, patent itself is often a long procedure to the holder of the series of instant and potential economic loss, such as loss of market share and so on. In this article, therefore, to solve the question : how to resolve the patent infringement lawsuit in one time. The author inspired by Japanese related systems, on the basis of comparison and use for reference the experience of Japan to build our country patent infringement litigation dispute resolved. In particular, is through establishing the system of double-track patent approval, so as to realize a patent infringement lawsuit in tort suit within the framework of the solution.An introduction to the article, including the selected topic significance, problems and literature review, the analysis for the back paper to carry out the theory basis of the discussion.The first chapter introduces and analyzes our country present stage a patent infringement lawsuit status quo and the existing problems, and expounds the necessity to solve the problem, and based on the related case specific analysis.The second chapter, focusing on the Japanese patent approval procedures are applicable to analysis and a brief introduction of the Japanese system of intellectual property rights trial. At the same time, the Japanese patent infringement litigation dispute resolution procedure compared with the related system in our country, thus seeking the patent infringement lawsuit point to solve the problem.The third chapter to build our country patent infringement litigation dispute resolved. First analysis on intellectual property in our country, especially in the field of patent trial reform. With intellectual property court after the establishment of specialized for the judge to judge the key foundation of patent validity, and puts forward some necessary auxiliary perfect measures.Conclusion part summarizes the full text, puts forward the conclusion.