A Comparative Study Of Patent Invalidation System In China And Japan

The requester of the patent invalidation system,the reasons for the invalidity of the patent and the determination of invalidation of the patent are the basic components of the patent invalidation system.This article will focus on these three aspects and conduct a comparative study between China and Japan.The requester of the patent invalidation system,as the initiator of the patent invalidation procedure,is to restrict his qualifications and whether the nature of the patent invalidation procedure and the patent invalidation system can play its role.China's patent invalidity requester is stipulated as "anyone".In practice,it easily causes problems such as subject confusion and malicious application for invalidity of patents,which seriously affects the stability of patent rights.Japan limited the patent invalidity requester to the "interested person" and established a series of perfect patented remedial procedures to protect the rights of the requester and other rights holders.It is recommended that China passes the legislation to limit the qualifications of applicants for invalid patents:the patentee can not be required to request the invalidity of his own patents,and the restricted professional patent agencies and practitioners of the patent agency industry must not be applicants for invalid patents.The invocation of invalidation proceedings must be based on statutory invalid reasons,and how ineffective grounds should be set and set.It also plays a crucial role in the patent invalidation system.In terms of the invalidity of patents,there are many reasons for the invalidation of patents in Japan,as well as meticulous provisions and coverage.The reasons for the invalidation of some patents in China are no longer appropriate to the development of economy and science and technology.However,the reasons for the invalidity of a patent are not the more the better.Too many are not conducive to the development and protection of patents.It is suggested that the reason for recording requirements should be deleted and the patents must be removed in violation of the state secret examination to render the patent ineffective according to the needs of China's national conditions and economic and social development.In the judgment model of patent invalidity,China's "universal system"model is facing many difficulties in practice,and the biggest problem is the "circular lawsuit." Japan's "dual system" decision model has solved this problem cleverly by introducing the patent invalid def-ense principle and setting up a special intellectual property court.It is suggested that China adopts the experience of Japan to implement the "duality system"decision model.First of all,the principle of invalid defense should be adopted in the legislation.The intellectual property court can accept the defendant's patent invalid defense;secondly,it divides the major regions according to the geographical area and the degree of economic development.Set up a special intellectual property court with centralized jurisdiction,set up a Beijing High-level Intellectual Property Court as an appellate court and a final court of law;again,legislate clearly that technical investigation opinions should be disclosed and the qualifications of technical inspectors should be selected,and technical inspectors should be properly set up.The working years will further improve the system of technical inquisitors that China is trying out.