Study on the Patent Infringement Litigation and Patent Invalidation Trial Processes in the Biopharmaceutical Industry in China

Abstract

Abstract

As the number of patent disputes increases, so do also the requirements of biopharmaceutical companies for fairness and efficiency in dispute resolution, the patent system established in China based on the principle of separation of functions and powers exhibits increasingly prominent drawbacks in the processes of patent infringement litigation and patent invalidation trials, posing a challenge to the efficient, fair, and convenient resolution of patent disputes. In the future, as China further strengthens patent protection, we suggest enhancement through optimizing patent invalidation trials, establishing appellate courts for intellectual property, and adjusting litigation structures for patent validation, thereby stimulating biopharmaceutical companies motivation for innovation.