Chinese Patent Invalie System Study Under Multi-dispute Resolution Mechanism

The patent system is a catalyst for promoting the development of social productive forces,with the purpose of protecting patent rights,encouraging innovation and promoting technology application.In recent years,with the take-off of China’s economy in the new era,innovation has become more and more attention,and the application of the patent system has also grown explosively.However,compared with the high growth in quantity,the overall quality of my country’s patents is at a low level.Under this circumstance,this paper uses the methods of analysis,comparison and theory to combine with practice,and is problem-oriented,analyzes and demonstrates the outstanding problems in the operation of the patent invalidation system,in order to put forward feasible suggestions for the reform of my country’s patent invalidation system.In addition to the introduction and conclusion,the full text is divided into four parts with a total of more than 30,000 words.The specific contents are as follows:The first part deals with outstanding problems in the practice of patent invalidation system.First,the finality of the patent invalidation proceedings is insufficient.Patent invalidation litigation,as a judicial remedy for patent invalidation administrative review procedures,is limited by the nature of administrative litigation and cannot make a final judgment on patent validity disputes,so that after a revoked invalidation decision is made again,it falls into the cycle of invalidation proceedings again.The phenomenon occurs frequently,which seriously affects the efficiency of administrative examination of patent validity.Second,patent infringement litigation and invalidation procedures are not well connected.Due to the lack of human resources for patent validity review,ordinary courts in my country do not have the ability to handle patent validity disputes in a short period of time.Once invalidation disputes arise in patent infringement litigation,the litigation must be suspended and the invalidation procedure shall be made to judge the validity of the claims involved.However,due to the lack of effective restrictions on the scope and time of the suspension of litigation in the early stage of the establishment of this "suspended litigation" system and subsequent reforms,coupled with the lengthy procedures of the invalidation procedure itself,the trial procedures of patent infringement cases are often unduly delayed,jeopardizing The realization of the patentee’s legitimate interests.Finally,the patent invalidation procedure also has the problem of outdated settings and unclear positioning.On the one hand,my country’s patent invalidation procedure has not undergone substantial changes for decades,and it has been difficult to adapt to the requirements of the new development pattern in the new era.On the other hand,in the patent invalidation procedure,there is a confusion between the patent invalidation dispute resolution mechanism and the post-authorization modification procedure mechanism,which leads to unclear procedure positioning,which affects the improvement of the quality of patent sorting and the improvement of the efficiency of patent invalidation examination.The second part,the necessary structure of the patent invalidation system.First,clarify the nature of the patent invalidation procedure.The patent invalidation procedure is the top priority of the patent invalidation system,and the clarification of its nature is of great significance to the study of the structure of the patent invalidation system.The author starts with the patent granting behavior,and then combines the scholars’ discussion on the nature of the invalidation procedure.It is concluded that the patent invalidation is actually an administrative ruling.Secondly,choose a reasonable mode of judicial relief for patent invalidation.On the one hand,as far as the current patent invalidation administrative litigation model is concerned,the supervision and relief of the patent invalidation procedure cannot be well realized,and many problems such as "circular litigation" and "litigation burden" are exposed.On the other hand,although the patent right is essentially a private right,the author does not believe that the patent invalidation litigation should adopt a purely civil litigation mode,and the patent invalidation litigation must take into account both civil and administrative aspects.Thirdly,the post-granting amendment procedure should be improved.On the one hand,the pre-mediation procedure should provide the patentee with a way to resolve the patent invalidation dispute by amending the patent claims.On the other hand,a patent right modification procedure should be established for the patentee as the main body of initiation to help improve the quality of patents and the efficiency of patent invalidation examinations.Finally,the patent invalidation dispute resolution mechanism should be diversified.The author found through research that patent invalidation disputes themselves have diversified performance and value orientation,and multiple dispute resolution mechanisms have targeted advantages in dealing with patent invalidation disputes.advantages,and further enrich the rules for resolving patent invalidation disputes.The third part,the general direction of the multiple construction of the patent invalidation dispute resolution mechanism.Based on the research of the first two parts,this part puts forward a concrete conception of perfecting our country’s patent invalidation system.First of all,starting from the problems exposed by the patent invalidation system itself,reform the patent invalidation system itself,including introducing administrative mediation methods to realize the diversion of invalidation disputes,constructing a civil incidental administrative litigation model to ensure the finality of judicial relief,and restricting the patent invalidation declaration.The program running time improves the efficiency of dispute resolution.Secondly,regarding the problem of the poor connection between patent infringement litigation and patent invalidation procedure,try to optimize the connection mechanism between patent infringement litigation and invalidation procedure.The principle of "limited stay" is clarified to avoid unrestricted delay of cases.The fourth part is the specific plan for the reform of the patent invalidation system.First,the administrative mediation procedure is preceded by the patent invalidation procedure.Secondly,build a patent invalidation civil incidental administrative litigation mode as a relief method for the patent invalidation procedure.Third,the legislation specifically constrains the operating period of the patent invalidation procedure.Next,improve the patent right evaluation report system.Fifth,the legislation should clarify the principle of "limited suspension" of infringement lawsuits involving patent validity disputes.Finally,a patent amendment procedure with the patentee as the main body is added.