| As a necessary means to stimulate social innovation and implement the strategy of scientific and technological power,patent system plays an increasingly important role in modern society.The patent administrative right confirmation system is an important part of the patent system.Whether the system design is reasonable or not is related to the efficient operation of the patent system and whether it can achieve the original effect of the system design.However,the current patent administrative right confirmation system has some bad phenomena,such as conflict between administrative examination and patent infringement litigation,waste of judicial and administrative resources,which seriously hinders the rapid development of the patent system and needs to be solved urgently.Based on theoretical research,typical cases are analyzed,and combined with the actual operation of the system,it is found that the current patent administrative right confirmation system has a long period and low efficiency.Case accumulation,patent related litigation easy cycle;Easy conflict between infringement and result of right confirmation.At the same time,the paper analyzes the practices of countries with relatively mature patent right confirmation systems such as the United States,Japan and Germany,and finds that the "dual track system" mode is an effective way to solve the above problems.Through the use of empirical analysis,comparative analysis,literature research and other methods to explore the solution to the above problems,including the optimization of patent administrative right confirmation operation procedures,explore the establishment of patent rights with Chinese characteristics of the "dual track system",according to different types of patent rights according to the different application of the right confirmation procedures.In order to simplify the process of patent right confirmation,reduce the conflict between infringement and invalid conclusions,effectively improve the efficiency of patent right confirmation disputes,improve the design of patent right confirmation system,protect the legitimate rights and interests of the patentee,stimulate the enthusiasm for innovation,and promote the high-quality development of the patent system. |
