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On the improvement patent invalidation proceedings

Author: WangJieQiong
Tutor: ZhangBingSheng
School: Ningbo University
Course: Civil and Commercial Law
Keywords: Patent Patent invalidation Patent Infringement
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 105
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Abstract

With the competition between enterprises, the core of competition increasingly reflected in the control of high-end technology, wherein the patented technology is a top priority. In practice, an invalid patent has been granted, the only other competitors had an impact, but also hindered the healthy development of the whole society and economy. Therefore, how to build an effective patent invalidation proceedings has become increasingly the focus of attention. At present, China's patent invalidation proceedings defective not only in theory but also in supporting the process of convergence and there are many problems, difficult to effectively protect the interests of relevant parties. This article from the patent invalidation proceedings basic questions as the starting point, first revealed the Trips agreement provides intellectual property rights are private rights causes, followed by an analysis of the nature of the patent right has a private right property at the same time, increasingly shows public rights of foreign In, which became patent invalidation proceedings can not be ignored critical theory. The second section describes the patent invalidation of features and functions. Finally, from the theoretical analysis of the existence of the patent invalidation proceedings flaws. The second part of the article based on the patent invalidation proceedings and patent infringement litigation convergence, first clarify the patent invalidation procedure development process, revealing a patent invalidation procedure set purpose, as well as in patent infringement litigation role. Secondly summarizes key patent invalidation proceedings concerning the nature of several theories, and one by one analysis, the patent invalidation proceedings as a civil right to do actually. Again, start from the principle of litigation, a patent invalidation proceedings dovetail with patent infringement litigation, the focus of a patent infringement lawsuit filed patent invalidation proceedings due to a result of the stay of proceedings caused many problems. Finally, discuss how effective convergence patent invalidation proceedings and patent infringement litigation, to play its due role. The third part from the development process of patent invalidity proceedings, combining patent invalidation proceedings set purpose and principles applicable to patent invalidation proceedings and patent invalidation litigation anchored convergence analyzes exist in practice Patent Reexamination Board position, the Court internal configuration, loop litigation and patent litigation settlement invalid plight illustrates how effective convergence patent invalidation proceedings and patent invalidation litigation. The fourth part of the article, in the analysis of Japan, Germany, the United States in patent invalidation proceedings on a representative approach, based on the third patent law modified to analyze some of the points raised, once again a popular academic analysis stage establish realistic model of the errors, the last on the Construction of patent invalidation proceedings, patent infringement litigation and patent invalidation litigation overall program to make recommendations how to improve our drill through the patent invalidation proceedings.

On the improvement patent invalidation proceedings

Abstract

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