Abstract：Patent validity refers to the valid legal rights status of the patent, and the patent can be protected by the law. The judicial problem faced by the validity of patents in China stems from the strict observance of administrative authority in the patent confirmation system. Due to the administrative behavior attributes of confirming patent rights, early theories believe that the effectiveness of patent validity should not be subject to judicial review in patent administrative lawsuits or patent civil infringement disputes. However, with the surge in the number of patent litigation cases, the procedure for confirmation of patent rights has led to the suspension of cases and lengthened the litigation cycle, and some disputes have been unresolved for a long time, and the courts and parties have been overwhelmed. In China, from the strict administrative review of patent confirmation to the practical exploration in patent judicial adjudication, this shift can respond quickly to the practical needs of patent rights protection and promote the transformation of scientific and technological achievements into real productivity. The United States and Japan have their own characteristics in exploring the “dual-track system” of administrative examination and judicial examination of patents, all of them can provide reference experience for the construction of China's judicial adjudication system for patent validity. Under the framework of the principles of the final judicial situation, the principles of rights relief, and the principles of procedural economic principles. It is necessary for China to determine the reasonable scope of judicial review with patent validity, unified adjudication standards for administration and justice and clarify the boundaries of the effectiveness of the referee. On this basis, a judicial adjudication system for patent validity with Chinese characteristics should be constructed, to overcome the limitations of a single administrative confirmation system.
刘建翠. 我国专利有效性的司法裁判制度构建[J]. 《深圳大学学报》（人文社科版）, 2024, 41(3): 110-120.
LIU Jian-cui. The Construction of the Judicial Adjudication System for the Validity of Patents in China. , 2024, 41(3): 110-120.
2024, Vol. 41 
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