Research On The Administrative Adjudication System Of Patent Infringement Disputes From The Perspective Of Simplified Distribution

With the revision of the Patent Law and the promulgation of supporting normative documents,the administrative adjudication system of patent infringement disputes in China has been preliminarily established.Administrative adjudication of patent infringement disputes is an important part of patent administrative protection under the framework of "dual track system".However,as a "diversion valve" of patent infringement disputes,the system fails to play its expected role due to the imperfection of system supply.The Reform of Separation between Complicated Cases and Simple Ones in Procedure is an important measure in China’s judicial system reform in recent years,which can effectively relieve the contradiction between the growing number of case and the fewer number of judge,optimizing the allocation of judicial resources,improve judicial efficiency and realize the substantive resolution of disputes.In administrative adjudication of patent infringement disputes,the patent authority makes judgment on the civil dispute of patent infringement.Administrative adjudication has "quasi-judicial nature",and the value conflict contained in its system is an important inducement that leads to unclear positioning of administrative adjudication and restricts the development of the system.The patent protection period is limited,the operation window period is short,and the patent infringement dispute is professional and technical characteristics also call for the emergence of a system that can fit the characteristics of patent infringement dispute ruling itself.And simplified shunt system " advancing the separation between complicated cases and simple cases,between minor cases and major cases,and between low track and fast track".Simple case processing pattern and patent infringement dispute administrative adjudication has a natural fitment,and The Reform of Separation between Complicated Cases and Simple Ones in Procedure system can not only to build corresponding system of different rates,the value of the perfect theoretical system of administrative adjudication patent infringement disputes,also helps to give full play to the efficiency and professional advantage of the administrative decision,Promote substantive settlement of disputes.The construction of an independent summary procedure for patent infringement disputes can effectively solve the pressure of administrative agencies handling cases and fully improve the efficiency of dispute resolution.We should construct a set of independent summary procedure from the following aspects:the clear standard of summary case,the independent system and the principle application of written trial,the promotion of online dispute handling mode,the transformation of procedure and the time limit for trial.The value orientation of summary procedure is very obvious,so we should pay attention to balance the relationship between efficiency and fairness in the process of system construction,and realize the coordination between the summary procedure and legitimacy.The newly revised Patent Law gives the CNIPA the right to handle nationwide cases with major impact through administrative adjudication,and major patent infringement disputes can have an impact on the development of the industry and social public interests.In adjudicating such cases,CNIPA can give full play to its professional and authoritative advantages to prevent local protectionism from interfering with the outcome of cases.Through the sorting and comparison of procedures,it can be seen that the current administrative adjudication system of major patent infringement disputes cannot give full play to the advantages mentioned above.Therefore,the administrative adjudication procedure of major patent infringement disputes should be improved from the aspects of filing examination,law enforcement personnel and trial mode.As a miscellaneous way to solve disputes,the operation of judicial connection and coordination mechanism with administrative adjudication system has an important impact on the substantive resolution of disputes and the allocation of resources.In the field of judicial cohesion should also give full play to the superiority and simplified shunt system,and the optimized "mediation and judicial confirmation" this pattern of rapid dispute into judicial cohesion within a system.Under the guidance of the value goal of separating complexity from simplicity to resolve substantive disputes,the judicial connection system should be improved to realize the real meaning of dispute resolution and dispute resolution.