通过对凯赛生物与瀚霖生物之间的专利权纠纷案件的介绍及简评,认为一是专利法应当赋予法院直接判决专利权是否成立的权力,二是对于所谓“诉前禁令”一定要在证据充分的前提下方可使用,否则即属于滥用。可能造成重大损失。 Through the introduction and brief comments on the patent dispute cases between Cathay and Hilein, it is considered that the first is that the patent law should give the court the power to directly decide whether the patent right is established or not, and the second is that for the so-called Must be used under the premise of sufficient evidence, otherwise it is abusive. May cause heavy losses.