Research On The Construction Of Patent Judicial Verification System

The procedures for verification of patent rights after authorization in our country are only through the invalidation procedure of the State Intellectual Property Office and subsequent administrative review for dissatisfaction with the invalidation decision.There is no other mechanism for verification of patent rights after authorization.Patent verification in our country is a single and pure administrative verification procedure,and the courts cannot directly judge the effectiveness of patent rights in infringement litigation.At present,under the background of a single administrative right verification,when a patent infringement dispute encounters the validity of the patent right,there are three mainstream methods: The first method is to completely suspend the civil litigation,and wait until the patent administrative right verification result is complete;the second approach is to incompletely suspend the civil lawsuit,and the trial of the infringement lawsuit will be resumed immediately after the State Intellectual Property Office makes an invalidation decision;the third approach is not to suspend the litigation,maintain the original infringement litigation to continue,and the State Intellectual Property Office’s invalidation procedures are handled in parallel at the same time.The three processing methods have certain advantages,but there are also corresponding disadvantages.This article believes that the best way to solve the problem of the intersection of infringement and right verification in our country is to build judicial verification of patent rights,including patent invalidation defense and patent invalidation litigation.In addition to the introduction and conclusion,the full article is divided into four chapters:The first chapter is "the current status of the patent judicial verification system and its existing problems".This chapter systematically analyzes the pros and cons of the above three cross-processing methods of infringement and verification of rights.In addition,on the basis of introducing the status quo of our country’s judicial verification system,this chapter gives a detailed introduction to the judicial verification system in the United States,Germany,Japan and the Taiwan region of China.It is hoped that a horizontal comparison of different countries and regions will show the full picture of the judicial verification system.The second chapter is "the necessity and practical feasibility of patent judicial verification system".The necessity and feasibility of the patent judicial verification system is an unavoidable issue for the establishment of any new system.Regarding the issue of necessity,it will be demonstrated from three aspects: the level of judicial protection of intellectual property rights,the comparison with other improvement measures,and the perfection of the right verification model.Regarding the feasibility issue,the demonstration will be conducted from three perspectives: the judges’ capability after the centralized jurisdiction of intellectual property rights,the establishment of the "rapid appeal" system,and the improvement of technical fact finding methods.The third chapter is "the construction of a relatively effective defense of patent invalidation ".The relatively effective defense of patent invalidation is one of the modes of the patent judicial verification system.It means that the court does not directly declare the patent right invalid in the civil procedure,but only makes the judgment whether the infringement is established based on whether the patent right meets the effective conditions.In this chapter,the theoretical basis of invalid defenses will be discussed in detail at three aspects: patent validity disputes belong to civil disputes,patent administrative verification acts are administrative confirmations,and the selection of litigation procedures when administrative acts are involved in civil disputes.Besides,the specific construction of invalid defenses will be given.The fourth chapter is "the construction of a lawsuit for invalidation of a patent ".The litigation of the invalidation of a patent is the second mode of the patent judicial verification system,which means that the court directly declares the invalidation of the patent right through the civil procedure.Starting from the theory of administrative law,this chapter demonstrates the limits of administrative actions in civil litigation procedures,and gives specific construction of a patent invalidation lawsuit through the civil procedure.