专利权作为无形财产权，英美法一般称之为诉讼中的物权，美国有的学者甚至把‘专利证书视为法院的邀请函柬”，专利案件处理程序的重要性可见一斑。专利案件处理程序制度如何设计，不仅对完善专利立法。实现专利制度的根本目的至关重要，而且也是民事诉讼制度亟待深入探究的一? As an intangible property right, the common law is generally referred to as the real right in the lawsuit. Some scholars in the United States even regard the patent certificate as the invitation letter of the court, and the importance of the handling procedure of the patent case is evident. How to design the system not only improves the legislation of patent, but also the essential purpose of the patent system, but also one of the problems to be explored urgently in civil procedure.