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A Study on the Convergence Mechanism of Patent Formulation and Infringement Litigation in China

Author: ZhangLiuFeng
Tutor: HeMin
School: East China University of Political Science
Course: Legal
Keywords: patent formulation patent infringement convergence mechanism
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 102
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Abstract

With economic development and social progress,patent disputes are increasing rapidly as the number of patent applications grows rapidly. Equity and efficiency in handling patent disputes not only is the purpose of patent litigation,but also meets the needs of the general public. In patent disputes, patent formulation and infringement dispute are the majority and the two are linked very closely. China’s patent patent formulation and infringement are separation of powers model, that the Patent Reexamination Board is responsible for review of patentvalidity, and the people’s court for patent infringement cases are heard. This model has its advantages, but in the case of patent disputes growing more and more obvious shortcomings. The two programs independently, lack of coordination, seriously affecting the efficiency of patent disputes resolved fairly urgent need to improve the patent infringement litigation is indeed the right and the convergence mechanism.From the relationship between patent formulation and infringement that its closely associated with the harmonization process needs to be done. For the presentation of the proposal,assessment some proposals are put forward to improve the convergence mechanism of patent formulation and infringement litigation This thesis is divided into three parts: introduction, body and conclusions, and the body is composed of four chapters.ChapterⅠdiscusses the significance of the patent formulation and infringement litigation,and analyzes the close relationship and the necessity of improving the convergenc mechanism of the two.ChapterⅡdescribes our existing law, separation of powers model of China’s patent infringement litigation and patent validity termination litigationcounterclaim provisions of relevant laws and assessment, and that the patentinfringement litigation is indeed the right and the interface mechanism the state.ChapterⅢreferences the convergence mechanism of patent formulation and infringement litigation in Germany, the United States and Japan .Firstly analysizes the German patent court system .Secondly analyzes the United States Court of Appeals of intellectual property system. Finally discusses the advantages and disadvantages of interface mechanisms to resolve patent disputes.ChapterⅣputs forward some proposals to improve the convergence mechanism of patent formulation and infringement litigation drawing on foreign experience combined with China’s reality. Unified the patent formulation and infringement litigation criteria, both physically improve the convergence.The establishment of the patent court can streamline the patent formulation application and reduce the suspension time of patent infringement litigation. The establishment of the Intellectual Property High Court can uniform the patent formulation and infringement cases and improve the convergence mechanism of the two.

A Study on the Convergence Mechanism of Patent Formulation and Infringement Litigation in China

Abstract

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