Research On The Subject Qualification Of The Requester Of Patent Invalidation Declaration Procedure

A procedure for confirming the validity of the patent right which the patent invalidation declaration procedure is,and it is also a procedure for the patent review agency to judge the validity of the patent right after the patent and the application for the patent right and the evidence materials.The claimant who invalidates the patent right is entitled to file the subject of invalidation of the patent right in accordance with the provisions of the Patent Law and relevant laws and regulations.Due to the current "Patent Law","Implementation Rules of the Patent Law" and "Guidelines for Patent Examination",the provisions on the subject qualification of the patent invalidation declaration procedure are not uniform,and the patent invalidation declaration system can not be effectively operated.In practice,there has even been a problem with " Loop Suit." In addition,the reasons for the confusion of the application for invalidation of patent rights and the subject of review of the subject qualification of the patent invalidation procedure and the unclear review criteria are also one of the reasons for the above dilemma.China should first clarify the provisions of the applicant's subject qualification in the patent invalidation declaration procedure in the patent law,and may adopt a combination of limited unrestrictedism and reverse restrictions on the scope of the applicant's subject qualification.In view of the rapid update and development of new technologies and new programs,the patent administrative authority may be authorized to make supplementary restrictions in departmental regulations according to actual conditions,so as to be more flexible and adapt to the actual situation.At the same time,it is also necessary to clarify the specific subject and the specific criteria for reviewing the applicant's subject qualification of the patent invalidation procedure,and ensure that the review of the applicant's subject qualification will be put into place and play its role.