Research Of The Post-patent Authorization Procedure

The post-patent authorization procedure is a remedy procedure for the parties to request the national patent administration to correct defective patents previously granted.It is of far-reaching significance for advancing the goal of innovation-driven development and building a country with intellectual property rights.There are many problems in the current post-authorization procedures in China,including "circular litigation",poor connection between patent invalidation litigation and patent infringement litigation,and the single modification procedure after authorization,which leads to its inefficient operation and has been criticized in practice.Not only has it caused an imbalance between the patentees and the public interests of society,but it has also led to the lack of vitality of the entire innovation incentive mechanism,which is not conducive to the improvement of national innovation capabilities.In the four amendments to the Patent Law,the post-granting procedure was a hot topic,but the final reform was not strong.The new "Patent Law",which will take effect on June 1,2021,has not yet made any substantial changes to the relevant provisions of the procedures after the patent is granted.The content of the current post-patent authorization procedure is still stipulated in the second revision of the "Patent Law".This situation shows that the reform of the post-patent authorization procedure in China has fallen into a stagnant dilemma.How to improve patent dispute resolution efficiency,reduce the burden of litigants,protect the legitimate rights and interests of patent holders,and save national administrative and trial resources through the improvement of patent authorization procedures has always been a topic of discussion in the academic and practical circles.Proposals for this include but are not limited to defining patent invalidation litigation as civil litigation,the State Council’s patent administration department no longer acting as the defendant in patent invalidation litigation,treating the administrative decision of the State Intellectual Property Office as a “quasi-judicial procedure”,and setting up special authorization Various reform proposals and plans including procedures were revised later.In order to improve the post-patent authorization procedures of my country,the author analyzes and demonstrates the connotation and necessity of post-patent authorization procedures,and re-organizes the difficulties faced by post-authorization procedures in my country.Combining our country’s unique patent environment and judicial system,through an extraterritorial comparative analysis,we propose to clarify the positioning of administrative procedures and judicial procedures in the post-patent authorization procedure,improve the invalidation suspension procedure in patent infringement litigation,and the State Council’s patent administrative department to appear in court to “intervene in litigation” "And the proposal to set up a special post-authorization modification procedure for the patentee.In order to better balance the legitimate rights and interests of patentees and the trust and interests of the public,promote national technological innovation and progress,and realize the grand goal of building a strong country with intellectual property rights as soon as possible.