What is the concept of patent invalidation administrative litigation?

Patent invalidation is based on a third party's application and review by the Patent Reexamination Board, which makes a decision to invalidate the granted patent. What is the concept of patent invalidation administrative litigation? Please follow the editor of Legal Savior Network to learn more below.

What is the concept of patent invalidation administrative litigation

Patent invalidation administrative litigation refers to a lawsuit against the patentee or the requester who declares the patent invalid. An administrative lawsuit filed against an invalidation review decision made by the Patent Reexamination Board. According to China's regulations, at any time after the announcement of the authorization of a patent right, any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law. , can submit a request to the Patent Reexamination Board to declare the patent right invalid. The Reexamination Board shall examine the petitioner's request and make an examination decision on whether to maintain or declare the patent right invalid or partially invalid. If the petitioner and patentee are dissatisfied with the invalidation review decision made by the Patent Reexamination Board, they may file an administrative lawsuit with the People's Court from the date of receipt of the review decision.

Characteristics of patent invalidation administrative litigation Parties’ response to the Patent Reexamination Board How should a patent administrative lawsuit filed against an invalidation request review decision be characterized, that is, whether it is an administrative case or a civil case? There has been great controversy in judicial practice for many years. In current judicial practice, although such cases are still It falls under the category of patent administrative cases, but the judicial circle recognizes that this is a special type of administrative case, closely related to civil cases, mainly manifested in:

(1) The premise for most patent invalidation administrative litigation is that there is a patent civil dispute between the parties. In patent invalidation administrative litigation cases, it is proposed The party requesting invalidation of the patent right is generally the defendant in the patent infringement case. Therefore, the vast majority of patent invalidation review cases are caused by the patent infringer's "counterclaim" to declare the patent right invalid in the patent infringement lawsuit. This part In practice, patent administrative litigation cases will intersect with patent infringement litigation. That is, patent infringement litigation generally occurs first. In patent infringement litigation, once the defendant files a request to declare the patent invalid, the administrative review process for patent invalidation will be initiated. At the same time, the patent infringement lawsuit may be suspended. If the patentee or invalidation requester is dissatisfied with the Patent Reexamination Board's decision to declare the patent invalid or to maintain the patent right, they have the right to file an administrative lawsuit with the Municipal No. 1 Intermediate People's Court. At this time, the patent infringement litigation will generally be resumed after the People's Court makes a judgment on the review decision of the review committee and becomes effective. Of course, for invention patent infringement litigation, the court may not suspend the trial, so there are two It is an independent lawsuit and has formed a cross-litigation. To a certain extent, patent invalidation administrative litigation is the basic litigation for patent civil cases, especially patent infringement civil cases.

(2) Patent invalidation administrative cases have the characteristics of civil cases. This type of administrative litigation cases are different from most ordinary administrative litigation cases. There are qualitative differences in trial concepts. Generally, administrative litigation cases are subject to strict procedural review, and courts rarely conduct substantive review of the administrative agencies’ handling opinions, while the trial of patent administrative litigation cases follows a comprehensive review. In principle, it involves more substantive comparison of patent novelty, creativity and practicality rather than procedural review or case file review in the sense of simple administrative litigation. The trial ideas are more easily integrated with patent civil cases.

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