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Research on the Prohibition of Duuble Patenting

Author: WangXuePeng
Tutor: LiuYinLiang
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: Patent Invention Utility Model Repeat authorization The same invention Inconsistent application
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 90
Quote: 2
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Abstract


Repeat patent authorization is prohibited countries the basic principles of the patent system in our country , patent repeat authorization abound, especially in China will inventions, utility models , industrial designs into equally within the scope of patent law , is exacerbated by repeated authorization phenomenon. With the amendments to the Patent Law , Patent Law Implementing Rules , review guidelines and other relevant laws and regulations continue to amend the patent system , partially alleviate the authorization of the patent repeat the problems , but there are some issues have not been resolved , the paper this revision after the patent system , combined with the theorists , practitioners hot issue of duplication of patent licensing issues were studied. This paper is divided into five parts. The first part is a patent double patenting basic theory , which mainly describes the meaning of the patent repeat authorization , and through necessity , causes , manifestations analyzes three aspects of patent law prohibits duplicate authorization policy value , repeat the last cited patent license exists theoretical controversy. The second part of the United States , Japan, Germany and other countries as an example of the world's major countries prohibit duplicate license patent legal regulation . The third part describes the same invention criterion. Analysis of the meaning of the same invention , the central defining principle of limited around the principle of main content claims defining principles of interpretation of the characteristics and claims the interpretation of unclear . The fourth part of the main principles of prohibition of double patenting process for differences and resolved. The current academic widespread controversy in several hot issues analysis, including how to understand the same invention can only be granted a patent , the same applicant on the same day for invention and utility model of the existing legal provisions as well as repeated authorization relief system and so on. The fifth part introduces the patent regulations prohibit patents on the general terms and repeated authorization of the patent laws and regulations involving patent duplicate license key provisions , and in this country on the basis of the newly revised patent regulations analyzed the current situation , and finally Perfecting the proposed ban patent suggestions repeated authorization system .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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