On The Application Of Patent Evaluation Report System In Patent Judicial Practice

The Patent Law of the People's Republic of China(hereinafter referred to as the Patent Law)was amended for the third time in 2008.This revision replaces the previous "patent search report" system with the "patent evaluation report" system.It is clear that the patent evaluation report can be used as evidence in judicial proceedings,and the fact that design patents are included in the application object is the highlight of this revision.Although the revised Patent Law and related supporting normative documents are constantly improving the reporting system of patent evaluation system,which plays a very important role in the protection of practical new and design patents,and also constantly promotes the progress of science and technology in China.However,with the development of economy,new contradictions are emerging in the application of the patent evaluation report system,which requires continuous improvement of the applicable rules of the patent evaluation report system in practice.This article mainly discusses from the following four chapters: Chapter 1 mainly gives a general overview of the patent evaluation report.Firstly,starting from the concept,it distinguishes the similarities and differences between the patent invalidation announcement system,patent review and scientific and technological novelty retrieval;secondly,it traces back to the changes in the protection of utility models and design patents in China since the 1980 s,as well as patent right evaluation.Secondly,the necessity of establishing the patent evaluation report system is analyzed,including restricting the abuse of patent right,alleviating the pressure of patent substantive examination and promoting the stability of patent right.Chapter II,through the analysis of cases in judicial practice,concludes the current situation of the application of patent evaluation report,and concludes that the existing problems in the application of the system can be roughly divided into three stages,namely,the application of patent evaluation report in pre-litigation and litigation,and the remedies for the obligee.In the third chapter,the relevant systems of Japan,Korea and Taiwan are investigated,and compared with those of mainland China and summarized.Chapter IV puts forward some suggestions on the application of the patent evaluation report system.In the application process,join the dialogue link of the applicant;in the prosecution process,stipulate that it is a necessary condition for litigation;in the trial process,make clear the effectiveness of its application as evidence;in the rights and interests relief link which is not satisfied with the results of the evaluation report,stipulate that the patent evaluation report is suitable.