Study On The Reasons For Introducing The Plea Invalidation In Patent Infringement Litigation

The dual-track system of patent civil infringement procedures and administrative invalidation procedures in our country has faced an increasing number of patent civil infringement cases,and its shortcomings that affect the efficiency of litigation and the fairness of individual cases have been gradually magnified.Therefore,the reform seems necessary and reasonable.In fact,since China adopted a " dual-track system”in the civil infringement process of patents,it has issued some relevant judicial interpretations and regulations to deal with the above-mentioned ills,but it has not fundamentally solved the shortcomings of the system,and even caused overkill.In this way,the court disagrees with the judgment results of some similar cases in patent civil infringement litigation or violates the legislative purpose of the patent law.This article analyzes some of the problems existing in China's current"dual-track" structure and the explorations made in judicial practice to solve these problems,combined with several representative cases of patent validity trials by courts,drawing on the relevant practices of developed countries.In China's patent infringement litigation,the concerns about the introduction of a patent invalidation defense reason are analyzed,the feasibility of introducing a patent invalidity defense reason in the patent infringement litigation is analyzed,and the scope of the invalid defense reason in the litigation is determined,and attempts are made to propose corresponding legislative proposals.