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The joint patent is a legal system, which refers to two or more subject on the civil law who obtain the rights and obligations according to the same patented inventions. In practice, there will inevitably produce the phenomenon of joint patent, based on legal or contractually reasons. Our "Patent Law" provides for the joint patent, but it did not fully take into account the special nature of patent rights, so the system design could not fully realize the legislative purpose of protecting the co-owner’ rights and promoting the technical progress.In this paper, based on the general joint ownership theory, the author analyzes the particularity of joint patent rights, comparatively studies the extra-territorial joint patent system, then according to the basic theory and comparative study, comments the lack of current existing rules of the joint patent system, at last, puts forward the guiding principles and specific measures to improve our current joint patent system.This paper consists of four parts. First, gives an account of the connotation, characteristics, types and contents of the general joint ownership, compares the similarities and differences with the joint patent, then analyzes the production, types and characteristics of the joint patent, so as to establishes theoretical basis for the distinctive joint patent system design; Second, comparatively researches the extra-territorial national and regional joint patent system, roughly divides them into three categories, which are strict type, intermediate type and loose type, and indicates their own characteristics on provisions of joint patent, further more, clears that we can follow the intermediate set of ideas to formulate compatible rules of joint patent system, specifically according to the actual situation in China; Third, based on the theory and practice of extra-territorial that are related above, evaluates our current joint patent system, proposes that there are lacks on the ownership, exercise and maintenance of joint patent, mainly attributable to the patent co-ownership is not clear, the regulations which involve the joint patent’s application, permission, transaction, pledge and abandonment are not enough effective; Finally, on the basis of above study, advocates that the joint patent system design shall be made to follow the principles of protect private rights, promote technology development and application, take into account of both interests, then, for the existence of the lack, under the guidance of three principles, proposes the specific measures to improve the rules about the ownership, exercise and maintenance of joint patent rights.
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