Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)

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

Authors
Ya Liu
Corresponding Author
Ya Liu
Available Online July 2019.
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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Volume Title
Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
July 2019
ISBN
978-94-6252-752-2
ISSN
2352-5398
DOI
10.2991/iccessh-19.2019.400How to use a DOI?
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/).

Cite this article

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  -