Arbitration of Patent Validity Disputes in China: Practice, Problems and Prospects

The arbitration system has emerged internationally as a convenient and efficient way to resolve disputes. To align with the development trend of the international arbitration system, China has promulgated the draft of its third revised Arbitration Law for public comment. In this regard, whether patent validity disputes are arbitrable has once again become a topic of discussion. This paper primarily investigates why it is difficult to develop arbitration of patent validity disputes in China. In addition, it elucidates the arbitrability of patent validity disputes in China from the perspectives of public policy, efficiency, etc. These efforts are intended for providing theoretical basis and suggestions for the development and improvement of patent arbitration system. Through literature analysis method and comparative analysis, this thesis finds that arbitration of patent validity disputes is feasible in China. It further suggests that China should improve its legislative framework for patent arbitration in line with the third amendment and uphold its commercial reservation declaration under the New York Convention.