The Balance Between China's Patent Invalidation System and Patent Infringement Litigation

DOI

10.2991/iccessh-19.2019.400How to use a DOI?

Keywords

patent invalidation; patent infringement litigation; system optimization; institutional equilibrium

Abstract

In China, the patent invalidation system and patent infringement litigation system are developed by different subjects and different programs. In practice, the system of patent invalidation is interwoven with the system of patent infringement litigation, and the decision of patent validity is the key factor for the success or failure of patent infringement litigation. The process of patent confirmation and administrative litigation involved in the system of patent invalidation is bound to produce such problems as "circular litigation" and prolong the process of patent litigation. It is an effective way to balance the two systems by optimizing the design of the patent invalidation system and effectively connecting the patent invalidation system with the patent infringement lawsuit.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ya Liu
PY  - 2019/07
DA  - 2019/07
TI  - The Balance Between China's Patent Invalidation System and Patent Infringement Litigation
BT  - Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
PB  - Atlantis Press
SP  - 1866
EP  - 1869
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-19.2019.400
DO  - 10.2991/iccessh-19.2019.400
ID  - Liu2019/07
ER  -