Optimizing the Specialized Patent Court based on the Comparative Study of Specialized Patent Court in US, EU and China

Even though the US Federal Circuit has been facing domestic criticism about its exclusive jurisdiction on patent appeal cases, there is a global trend of establishing specialized patent/IP court with the same goal as the US Congress once had, to increase the uniformity, efficiency and quality of patent litigation. Besides the U.S. Federal Circuit, the other most prominent specialized patent/IP courts are the Unified Patent Court (UPC) and the Specialized Patent Court of China. Although the patent laws in those three territories are different from each other, the obligations under the TRIPS have created some common ground. Under this circumstances, in this thesis a comparative study of the UPC, the Federal Circuit, and the Specialized IP Court in China will be made, in order to provide some suggestions to optimize the specialized patent courts.In particular, this thesis aims at determining the optimal patent litigation system on three issues, which are (I) the optimal jurisdiction of the court, (II) the optimal internal structure of the court and (III) the optimal procedures for the court. In each part, I will discuss the lessons gained from the Federal Circuit and the UPC and offer conclusions about whether those lessons can help China to improve its specialized intellectual property court for patent litigation