Abstract: There are almost unanimous agreements to doubt the patent quality because of the numbers of patent application and patent grant which exceed the scale of industry innovation.Although various ways to address this problem have been proposed by policymakers and scholars,the solution proposed by Professor Burk and Lemley emphasizes the important role of judiciary,which is the best efficient path for improving patent quality.Chinese edition of Burk-Lemley solution holds that courts,construing patent claims during patent civil lawsuit,shall focus on noninfringement instead of invaliding patent directly.This solution,recognized by the cases under Supreme People's Court and defense of prior art under patent law,has extended power of Chinese judiciary,and also shall be limited to specific situation which has evident mistakes for granting patent In China,special courts declare patent invalidity through administrative lawsuit,and this procedure shall be improved because of the numbers of such lawsuit less than the number of valid patent,civil lawsuit and administrative review of patent.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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