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随着现代科学技术的飞速发展,科技创新、自主知识产权成为各国关注的焦点,推动技术创新,保护知识产权,促进知识经济发展成为时代主流。目前,知识产权的权利意识已经深入人心,伴随而来的是寻求司法救济解决争议纠纷增多。在我国人民法院受理的知识产权案件中,诉讼程序存在一些问题,产生了“循环诉讼”、“马拉松诉讼”和诉累等困惑。本文以专利无效诉讼为切入点,结合我国司法实务,分析专利复审委的诉讼地位,并提出相关建议。
With the rapid development of modern science and technology, technological innovation and independent intellectual property rights have become the focus of attention of all countries. It has become the mainstream of the times to promote technological innovation, protect intellectual property and promote the development of knowledge economy. At present, the awareness of the rights of intellectual property has been deeply rooted in the hearts of people, accompanied by the search for judicial relief to resolve disputes more disputes. In the case of intellectual property cases accepted by the people’s court in our country, there are some problems in the procedure of litigation, resulting in confusion such as “circular litigation”, “marathon litigation” and litigation burden. In this paper, the patent invalid litigation as the starting point, combined with China’s judicial practice, analysis of the litigation status of the Patent Reexamination Board, and put forward relevant recommendations.