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The Analysis on the Invention Patent-awarding Criterias
Author: WangZhongMin
Tutor: CuiLiHong
School: Shandong University
Course: Legal
Keywords: Invention patents Patentability Practicality Novelty Creativity
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 141
Quote: 1
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Abstract
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In the knowledge economy, technology and innovation-based knowledge innovation is an enterprise, an industry or even a fundamental driving force of the country's economic development, countries are all actively use the patent system to protect the advanced technology. The core of the patent system is a patent licensing standards, the invention patent is the main object of the patent, therefore, authorized patents standard is the core of the patent system. The authorized patents Standard grant the substantive conditions of the invention patent, which includes the negative conditions and positive conditions can be summarized as patents and patents, three patent that practicality, novelty and creativity. Domestic invention patents standard positive conditions or negative thematic papers is not much, and the positive conditions and negative conditions combined system discussed in the paper is even more rare, domestic invention patent patent and patent III studies have generally limited to their respective fields, the lack of systematic and integrity. The third revision of the Patent Law of China authorized patents standard system to become more scientific and reasonable, but there are still some problems, such as the creative yet to make further defined, the applicable grace period issue has not given a reasonable solution these needs further study. This paper attempts through a combination of domestic and international patents for inventions the substantive conditions theory and the development of China's patent practice, a comprehensive and systematic study of patents for inventions from patentability, practicality, novelty and creativity in the worldwide trends. On this basis, it runs through one of the prior art, grace period and other related concepts are made more rigorous interpretation and applied in a manner more reasonable, enrich our invention patents standard in theory, in practice promote China's invention patent substantive examination carried out smoothly. This article is divided into three parts. The first part of the combination of a number of international treaties analysis invention patent licensing standards development direction, focusing on analysis of the trends and causes of the developed countries at the same time advocated expanding the invention patent patentability range of, and strongly urged to improve the standard of review of patent three, and this the interests of the game between the kinds of trends hidden behind countries as well as between interest groups. The second part of the patentability of the invention patents and patent three preliminary analysis. First the patentability and practicality standard blur the boundaries between the status quo were discussed, and practical standard dual role in which to put forward their own superficial view. Second straighten out the relationship between the basic concepts related to the novelty standard and creative standards, and patented 3-judgment order on this basis put forward their own views. Third part the third revision of the Patent Law of China, there are still conflicts related concepts involved in the patent sexual analyzed one by one, and how to solve these problems and put forward their own point of view, in order to further improve the authorized patents standard system, and promote China's sound and rapid development of the socialist market economy!
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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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