Study On The Judicial Review Mechanism Of Patent Validity

In my country,patent judicial protection procedures are complex and lengthy,which is has always been a big problem for patent protection.Reexamination and Invalidation Department of the Patent Office,CNIPA is the only main responsible actor of determining patent validity.There are many disadvantages such as circular lawsuits,time-consuming and so on.The defendant of the patent infringement case will file an application for patent invalidation to the patent administration so that against plaintiff.Then it may cause patent invalidation litigation.Courts have no power to review patent validity so that there are different review bodies for the same patent dispute.And the patent infringement litigation will be suspended.Judicial and administrative resources will be wasted.So it is necessary to adopt a judicial review mechanism for patent validity in China’s patent protection.The judicial review mechanism of patent validity is a dynamic operation model.It can be considered in terms of its review main body,review object and review procedure.At present,the patent validity is mainly reviewed by administrative organ,supplemented by courts.We can summarize the deficiencies of the subject,object and procedure of the review through methods such as literature analysis,case reflection,and standard comparison.Court’s review of patent validity is in line with international patent judicial protection trends.Whether in Germany in the civil law system or the United States in the common law system,the courts are given the power to review the patent validity in the judicial protection.In order to operate the judicial review mechanism of patent validity better,main bodies can add specialized courts and tribunals in other regions on the basis of the combination of existing specialized intellectual property courts and tribunals.They also need to improve the technical fact-finding mechanism and professional competence.In terms of review object,it can conditionally allow the court to directly review patent validity and add new evidence.Information communication mechanism needs to be established between the courts and patent administrative agencies to avoid conflicts in adjudication.In terms of review procedure,patent invalidation litigation can take the form of civil litigation and allow courts to mediate or reconcile cases.It can combine patent invalidation and patent infringement procedures into one to reduce the review link of patent validity.