What are the reasons why patent infringement litigation cases are suspended
The court adopts a stay in patent infringement or patent litigation The principles of case review measures have two aspects.
One is the legal reason for suspending the trial.
my country's Patent Law and its implementing rules are There is no provision on the issue of suspending the trial of patent infringement litigation cases. After the court accepts a utility model or design patent infringement case, when serving a copy of the complaint to the defendant, it shall notify the defendant that if he wants to request a declaration that the patent right is invalid, he must do so within the defense period. Filed internally to the Patent Reexamination Board. If the defendant requests to declare the patent invalid during the defense period, the court shall suspend the litigation. The Supreme People's Court made the above provisions based on the patent review system confirmed by my country's patent law. It can be said that the patent review system established in our country is an important reason why courts take measures to suspend the hearing of patent infringement cases.
One is the factual reason for suspending the trial.
The patent examination systems in various countries can be roughly summarized into three types. The first is the registration system, which only conducts a formal examination of the patent application documents and related procedures, and whether the content of the patent application meets the conditions for patent authorization will not be examined; the second is the literature reporting system, which means that the patent application is subject to a formal examination at the same time. , conduct novelty examination of inventions and creations, and provide search reports accordingly to provide evidence for possible future patent litigation; the third is the examination system, that is, not only the formal examination of patent applications is conducted, but also whether the content of the patent application conforms to the Novelty, practicality and inventive step criteria, subject to a substantial and comprehensive review.
my country's "Patent Law" implements substantial provisions on invention patents There is an examination system and a registration system for utility model patents and design patents.
According to Article 40 of the Patent Law : “If no reason for rejection is found after preliminary examination of a utility model or design application, the Patent Office shall make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it.” It can be seen from this regulation that when applying for authorization of utility models and designs, the Patent Office only examines whether the application documents and related procedures are complete, only conducts a formal examination of the patent application, and whether the invention itself is creative and creative. Novelty and practicality will not be subject to substantive examination, and substantive examination will be conducted after a dispute arises about whether the patent meets the authorization conditions of the patent right. Since utility model and design patents are subject to a registration system for review, after the court accepts a patent infringement case, the party accused of infringement will naturally invalidate or revoke the patentee's application on the grounds that the patentee's patent has not undergone substantive review. This kind of application for invalidation or revocation of the patent right and the premise that there is no substantive review of the patent grant itself are mutually causal, which constitutes the factual reason why the court decided to suspend the case trial pending the result of the patent reexamination.
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