Research On Evidence Rules Of Patent Administrative Litigation

At present,my country’s patent system mainly covers the patent authorization and confirmation system,the patent administrative processing system,and the patent dispute judicial settlement system.According to the principle of judicial ultimateness,whether disputes arising in the process of patent authorization and confirmation or disputes arising in the process of patent administrative processing,the patent litigation is at the ultimate position in the dispute resolution system,and judicial judgments should have resilience.At present,"three-in-one" trial mechanism in the field of intellectual property justice is deeply implemented in our country.Specifically,in the patent field,it is necessary to establish and improve the evidence rule system,which is compatible with the "three-in-one" trial mechanism of patent civil,administrative,and criminal litigation,and to improve the overall effectiveness of patent judicial protection.Patent administrative litigation has become a key link in the "three-in-one" trial mechanism due to involving patent authorization and confirmation administrative cases.However,compared with the evidence rules of patent civil and criminal litigation,the research on the evidence rules of patent administrative litigation is relatively weak.This article is divided into four parts:The first part is about the theory related to the evidence rules of patent administrative litigation.The related concepts,characteristic analysis,and research content of the evidence rules of patent administrative litigation are introduced.Among them,the characteristic analysis is carried out in conjunction with the connection with the patent administrative procedure and the difference from the patent civil litigation and the patent criminal litigation.The research content includes the assignment of proof burden,the setting of proof standard,the judgment of evidence ability and proof power,and the concerns under the “three trial integration” mode of intellectual property rights.The second part is about the status quo investigation of the evidence rules of patent administrative litigation.The status quo of my country’s patent administrative evidence rules is analyzed from the levels of legislation and justice and etc.,among them,the legislative status quo relates to the assignment of proof burden,the setting of proof standard,and the judgment of evidence ability and proof power,and further relates to the “three trial integration” mode of intellectual property rights;the judicial status quo relates to the assignment of proof burden,the setting of proof standard,and the judgment of evidence ability and proof power,and also relates to the“three trial integration” mode of intellectual property rights.The third part is about the problems existing in the evidence rules of patent administrative litigation.From the analysis of the status quo in the previous chapter,the problems existing in the levels of legislation and justice and etc.of the patent administrative evidence rules,as well as the problems existing in the “three trial integration” mode of intellectual property rights,are concluded.Among them,at the legislative level,there are problems such as the lack of clear rules for allocation of objective proof burden,the failure to set certification standards for patent administrative litigation,and the failure to clearly distinguish between the evidence ability and the proof power;and at the judicial level,there are problems such as the lack of clear initiating conditions for judicial appraisal,the scope of judicial cognition affecting the achievement of proof standard,and controversial issues existing in the determination of proof power of the supplementary experimental data;while as to the “three trial integration” mode of intellectual property rights,there are problems such as the mutual recognition of evidence between different litigation procedures and the impact of the evidence rules of patent administrative procedures.The fourth part is about the suggestions for improving the evidence rules of patent administrative litigation.This part conducts further discussion from the levels of legislation and justice and etc.,and then puts forward simple suggestions on the improvement of the evidence rules of patent administrative litigation from all aspects and multiple angles.Among them,in view of the problems existing in the legislative level,it is recommended to establish the rules for the assignment of objective proof burden,set reasonable proof standards for patent administrative litigation,and distinguish between the evidence ability and the proof power in legislation;in view of the problems in the judicial level,it is recommended to improve the rules for initiation conditions of judicial appraisal,improve the judicial cognition rules of common knowledge,and improve the determination rules of proof power of supplementary experimental data;in view of the problems in the “three-trial integration” model of intellectual property rights,it is recommended to establish rules for mutual recognition of evidence,and to construct and improve the rules of evidence for patent administrative procedures.