I. Concept of Patent Invalidation Administrative Litigation The patent invalidation administrative litigation refers to the administrative litigation brought by the patentee or the claimant who declares the patent invalid against the decision of invalidation made by the Patent Reexamination Board. According to China's regulations, at any time after the announcement of the patent authorization, any unit or individual may make a request to declare the patent invalid to the Patent Reexamination Board, which shall examine the request of the requester and make a decision on whether to maintain or declare the patent invalid or partially invalid. If the claimant and the patentee are not satisfied with the invalid examination decision made by the Patent Reexamination Board, they may bring an administrative lawsuit to the people's court within three months from the date of receiving the examination decision.

Second, the characteristics of patent invalid administrative litigation How to determine the nature of the patent administrative litigation filed by the parties who refuse to accept the decision of the patent reexamination board to examine the request for invalidation, that is, whether it is an administrative case or a civil case, has been controversial in judicial practice for many years. In the current judicial practice, although such cases are still classified as patent administrative cases, the judicial circles all admit that this is a special administrative case, which is closely related to civil cases, mainly as follows:

(1) The premise of most patent invalidation administrative litigation is that there is a patent civil dispute between the parties. In administrative litigation cases of patent invalidation, the party requesting patent invalidation is generally the defendant in patent infringement cases, so most patent invalidation review cases are formed because patent infringers put forward "counterclaims" to declare patents invalid in patent infringement litigation. This part of patent administrative litigation cases will cross with patent infringement litigation in practice. That is, patent infringement litigation usually occurs first. In the patent infringement litigation, once the defendant makes a request to declare the patent invalid, it will start the administrative examination procedure of patent invalidation. At the same time, patent infringement litigation may be suspended. If the patentee or the claimant for invalidation refuses to accept the decision of the Patent Reexamination Board to declare the patent invalid or wait for the patent right, he has the right to bring an administrative lawsuit to the Municipal No.1 Intermediate People's Court. At this time, it is generally necessary for the people's court to make a judgment on the reexamination decision of the reexamination Committee and take effect before the patent infringement lawsuit can be resumed. Of course, the court could not suspend the trial of the invention patent infringement lawsuit, so two independent lawsuits appeared, forming a cross-litigation. To some extent, the patent invalidation administrative litigation is the basic litigation of patent civil cases, especially patent infringement civil cases.

(2) The patent invalidation administrative case has the characteristics of a civil case. This kind of administrative litigation cases are qualitatively different from most ordinary administrative litigation cases in the concept of trial. General administrative litigation cases have undergone strict procedural review, and the court rarely conducts substantive review on the handling opinions of administrative organs. However, the trial of patent administrative litigation cases follows the principle of comprehensive review, which is more related to the substantive comparison of patent novelty, creativity and practicality than procedural review or filing review in the sense of administrative litigation, and it is easier to connect with patent civil cases in terms of trial ideas.