专利无效判定的缺陷及补救

Defects and Remedies for Patent Invalidity Determination

随着经济与社会的发展,我国的专利总量连年创出新高,这使得相关纠纷也不断增加。作为解决纠纷的重要途径,我国现行专利无效判定制度的弊端愈发显现。应允可人民法院对专利的合法性与有效性问题进行判定,并采判决的对世效力,加强行政机关与法院的信息共享,促使专利判定的协调化与合理化。

With the development of economy and society, China＇s total patent is growing every year, which makes the related disputes are increasing. As an important way to solve disputes, the malpractice of the current patent invalidity determination system appear increasingly in China. Viewing the patent invalidity determination system of the United States, there is great reference value in its associated systems and procedures. In view of the shortcomings of patent invalidity determination system, we should promised to the court to judge the legality and validity of the patent, and adopt a judgment to be effective to everyone, enhance information sharing between the executive authorities and the courts, and to promote harmonization and rationalization to the judgment of the patent.