The Confusion and Correction of the Technical Investigator System

Abstract

State Intellectual Property Office of China (SIPOC) issued the Provisions on the Participation of Technical Investigation Officers in Administrative Decisions on Patent and IC Layout Design Infringement Disputes (Provisional) in 2021, which is a further improvement of the refined technical investigation officer system, but the “multiple selective” type of service and the “one-person court appearance” model are obvious drawbacks. The disadvantages of the “multi-selective” mode of service and “one person in court” are obvious, and the mode of service of the technical investigator is worth exploring. Should optimize the number of technical investigators in court and the establishment of “full-time driven by part-time” with the mechanism, change the full confidentiality and objectivity of the technical investigation opinions for moderate disclosure, limiting the participation of expert jurors in the first trial of difficult technical facts, with the conflict of rank rules, refining the new rules to identify the problem of difficult cases of opinion attributes.