Study On The Introduction Of Patent Invalidation Defense In Patent Infringement Litigation In China

The frequency of patent infringement cases is increasing daily,so the laws and systems for protecting intellectual property should be updated to keep up with the times.The lengthy litigation cycle and poor efficiency of China’s present "dual-track" system of patent infringement litigation and patent validity determination,however,make it unsuitable for the country’s rapid growth of intellectual property rights.This paper examines the necessity and practicality of implementing a patent invalidation defense system in Chinese patent infringement litigation as a means of resolving this issue.We then discuss what can be learned from the establishment of a defensive framework for patent invalidation on the basis of tailoring it to China’s national circumstances by comparing and analyzing the patent invalidation examination models implemented in a number of foreign countries.In order to find a way to effectively address the shortcomings of the current "dual-track system" in China,the system design for the introduction and implementation of patent invalidity defense in China as a whole is undertaken.With the exception of the introduction and conclusion,this essay is organized into four s ections.The State Council’s patent administrative agency is the only entity with the authority to review and confirm the validity of patents in China,according to the country’s current legal system,which is explained and analyzed in the first section.However,judges lack the authority to determine whether patents are valid in this context.If the defendant party in a patent infringement lawsuit has submitted a request for the patent’s invalidation,the court will typically halt the case’s investigation.The court won’t continue hearing the case until the State Council’s department of patent administration has decided whether or not the patent is legitimate.The shortcomings of the "dual-track" patent invalidation review approach,which results in protracted and ineffective patent infringement litigation,are also demonstrated using a few typical cases from China.In light of the issues with the current "dual-track" model of patent invalidation examination,Part Ⅱ examines the the necessity and feasibility of the procedure for asserting patent invalidity in court cases involving patent infringement in China from a theoretical viewpoint.The paper begins by outlining the significance of introducing patent invalidity defenses and how doing so can greatly increase the effectiveness of patent infringement litigation in China.protect the interests of both parties involved in the litigation,and address the current situation of the exponential rise of patents and charges of patent infringement in China.The second section of this article discusses the significance of introducing the defense of patent invalidity by outlining how China’s courts have gathered extensive experience in recent judicial practice in examining the validity of patents and how the technical investigator system is effective and can assist judges in more accurately determining the validity of patents.A practical and workable foundation for the introduction of the patent invalidity defense is provided by the fact that China’s intellectual property litigation court system has begun to take shape,and the Supreme People’s Court’s Intellectual Property Court has successfully established integrated jurisdiction over appeals from administrative cases involving patent infringement and invalidation.Part Ⅲ of this article will examine the German.US.and Japanese patent invalidation review models in order to explore the lessons that could be applied when establishing a patent invalidity defense system in China.In particular.Germany employs a dual jurisdiction for cases involving both patent infringement and patent invalidity,with a separate patent court being solely in charge of determining whether patents are valid.In the US,the PTO and courts both have the authority to evaluate a patent’s validity,and both bodies’ conclusions are binding.This is known as a binary model of judicial review of patent validity.Under the binary model of patent validity review,the Patent and Trademark Office and courts both have the authority to review the validity of patents,but only the Patent and Trademark Office’s findings are of a consequential nature,and the court’s determination of a patent’s validity has a case-by-case impact and no binding authority.The building and design of the patent invalidity defense system will be covered in PartⅣ of this article in light of the current circumstances in China.For instance,to specify that the court’s ruling on a patent’s validity only applies to the specific facts of each case,to specify the parameters of the court’s examination of a patent’s validity,etc.Additionally,it’s critical to ensure a seamless transition between administrative processes for invalidating patents and legal proceedings for patent infringement.For instance,this can be done by creating effective channels of communication between the courts handling these cases and the State Council’s department of patent administration,as well as by coordinating the interaction between legal arguments for invalidating a patent and the processes for doing so.