专利审查和公示是界定专利权权利范围和行使权利的必要条件。引进专利无效抗辩有利于尽早明确双方的权利义务、减少程序拖沓。结合我国的知识产权法院建设,可以先按实际需要建立几个跨省级的知识产权法院,将专利等技术性案件的管辖权适当集中,再通过专门立法赋予这些法院审理专利无效抗辩的职能,并为最终设立知识产权高级法院做好制度准备。 Patent examination and publicity are the necessary conditions for defining the scope of rights of patent rights and exercising their rights. The introduction of the patent invalid counterplea helps to clarify the rights and obligations of both parties as soon as possible and reduce procrastination. In combination with the construction of China’s intellectual property courts, several inter-provincial intellectual property courts may be established according to actual needs. The jurisdiction of technical cases such as patents is appropriately centralized, and these courts are empowered to deal with the functions of patent invalidation defense through special legislation Prepare system for the final establishment of high court of intellectual property.