The Disposal of Invalidated Patent Right: Political Choices between the Order and the Disorder
Qin Jie Kang Tianxiong
The invalidation of a patent right has critical impact on the trading of technology that was executed. The loss of legitimacy, on which the patent right is based is a problem for the transaction contact, either fulfilled or being performed. In dealing with the legal dilemma, under Art.47 of Patent Law, the standard of justice and unfairness is principally given up, and a position of political choice between the order and the disorder is established. In fact, this political standard is of great worldwide significance. In order to eliminate social dissatisfactions arising from the establishment of the this political position, Art.47 alternatively sets "Fairness Standard" as an exception rule, which has left much space for the judges to excise their discretions.