Research On The Linkage Mechanism Of Patent Infringement Litigation And Patent Confirmation Procedure

The linkage mechanism of suspension of litigation,pre-emptive adjudication,separate prosecution and prior art defense can no longer alleviate the problems of delayed infringement determination and inefficient litigation caused by the "dualtrack system structure",and it is also facing the dilemma of deadlock in the suspension of litigation operation,poor effect of pre-emptive adjudication operation,and alienation of existing technology defense functions.The broadness of the rules and the vague positioning are the direct causes of the disorderly and irregular operation of the linkage mechanism,and we cannot take a simple optimization approach about the existing linkage mechanism because of its own defectiveness,the limitations of the dual system of the civil bank and the lag of the operation of the mechanism,we should readjust the function of the institutional structure,pay attention to conforming to the existing social logic and social needs.We should consider the institutional resources of the transformation of the articulation mechanism,take the social needs as the guide,reposition the value of the articulation mechanism as a basis for justice and take into account efficiency.When the theory of invalidation of administrative acts is used to break through the shackles of public determination,we readjust the institutional structure and give the court the function of determining the validity of patents.At the same time,we can adopt a series of linkage mechanisms such as limiting the retroactivity of invalidation judgments,defining the scope and requirements of judicial determination,coordinating the factual determination standards for litigation and confirmation of rights,and optimizing supporting facilities,which can root out the dilemma faced by patent infringement litigation itself and its linkage mechanism.In addition to the introduction and conclusion,the full text is divided into four parts: the first part,the current situation and dilemma of the linkage mechanism between patent infringement litigation and patent confirmation procedures.Starting from the 5121 judgment documents over the years,we analyzed the empirical data of the linkage mechanism and found that the linkage mechanism is generally facing the dilemma of disorderly and irregular operation,which is embodied in the deadlock in the suspension of litigation operations,the poor effect of the operation of the first adjudication and separate prosecution,and the alienation of the existing technical defense function.The second part is the operation mechanism of the linkage mechanism between patent infringement litigation and patent confirmation procedure.This chapter is analyzed the operation mechanism of the linkage mechanism from the three dimensions of the rule level,the institutional level and the legal level,and clarifies the reasons for the dilemma of the linkage mechanism.,we can look for a breakthrough path for the optimization of the linkage mechanism.The third part is the retrofit path of the linkage mechanism between patent infringement litigation and patent confirmation procedure.We consider the retrofit path of the linkage mechanism from the macro level.After considering the institutional resources for the transformation of the articulation mechanism,we will re-adjust the value positioning of justice priority to be based on justice and take into account efficiency based on social needs.And we will take the adjustment of the institutional structure as a breakthrough point,give the court the responsibility of judicial determination of patent validity,and build a linkage mechanism with the judicial determination of patent validity.The fourth part is the specific proposal to improve the linkage mechanism for the judicial identification of patent validity.We put forward specific suggestions for the construction of the linkage mechanism starting from the micro level,including taking the new value positioning as the guide,combined with the specific content of the mechanism construction,and improving the linkage mechanism with the judicial determination of patent validity from the three angles of legislation,law enforcement and supporting facilities,respectively,to ensure the efficient operation of the linkage mechanism.