Courts in patent infringement litigation, Take measures to stop the trial, Although you can avoid the utility model and design patents because only review the form without substantive examination, Then may produce some do not have the authorization of patent applications has been granted a patent right has disadvantages of judicial protection coat, But on the other hand, May also produce true patent licensing conditions, Can not be timely and effective protection of the judicial organs.

1Resulted in a substantial increase in court cases.

Generally speaking, The utility model or design patent infringement to apply for the Patent Reexamination Board is invalid, Made to the Patent Reexamination Board review results, An average of two to three years. During the reexamination of the Patent Reexamination Board, The court to suspend the trial procedure of patent infringement cases, In these cases for several years can not be closed. According to the current system of judicial statistics, Suspend the scope of case are not case. So this was suspended pending cases accumulated year after year, The court's closing rate will influence, Affect the normal work of the court.

2Infringement of patent rights can not be effectively restrained.

In the case of patent in court, Frequent infringement by request declaring the patent invalid way intentionally delayed action, In order to continue to implement the tort of. Although the Supreme People's court "answer" provisions, Patent infringement lawsuits, In order to suspend the proceedings after the court,If the right people litigated all applications and provide guarantee, The court considers it necessary, In order to suspend the proceedings at the same time,You can order the defendant to stop infringement or take other measures to stop the infringement damages continue to expand. But, The specified operation in practice has met a lot of difficulties. The first, Here to stop infringement ruling, The preservation of object is prepared by tort, The preservation of property and civil procedure law, In the strict sense, Only the preservation of property, Not including the behavior preservation, This provision and the spirit of the civil procedure law seems to be not coincidence, Thus the operation is facing legislative hurdles. Second, Preservation ruling validity duration and suspend litigation ruling validity time should be consistent, The suspension of the action time is dependent on the patent reexamination time, Not only the time delay for a long time, But the uncertainty. Therefore, the applicant must provide an equal amount of property guarantee, Not only the large number of possible, But it is difficult to determine. Visible property preservation in actual operation there is also difficult. The result is the defendant still relies on patent right invalid procedure provided legal space, Continue to implement the act of tort. The protection of the patent right has the features of time, The authorized time and its social and economic value of the inverse proportion relationship. If the patent is in the legal protection in the authorization at the beginning of the vacuum state, Not only the legitimate rights and interests of creators of the actual damage, But the patent's legitimacy and inviolability of serious challenges, The patent law and the spirit of the law to sell at a discount greatly.