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Research on the System of Novelty of Invention and Utility Model

Author: YuanFang
Tutor: ZouYuan
School: Guizhou University
Course: Legal
Keywords: Invention Utility model Novelty System Research
CLC: D923.42
Type: Master's thesis
Year: 2008
Downloads: 225
Quote: 1
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Abstract

During the years of knowledge-based economy, the progress of our society and the creation development of our country rely science and technology. According to the experience of history advanced science and technology is the basic premise of powerful country, is the fundamental power of a country, a society and an enterprise. After 2001, our country has been a member of the world marker. Our country has been faced with international competing .The creation of science and technology has been more important. The creation of science and technology need the efforts of the technical personnel and the protection of the laws. The patent law is important to the profiting protector the knowledge creating, science and technology progressing and the technical personnel.New and original, creation and practical are tree factors of gaining the patent right. According to the balance of creation people and the society, the value direction of the macroscopic policy in a country, the orientation of economic, science and technology, we draw up the three factors in the patent law. In the technology, adjusting our patent law, we can adapt the development direction of the world patent institution.According to the three patent factors, we examine the invention and prctical new modern according with term of the patent law or no. prctical new monde is the first and the most important term in the three factors. We must protect the creation; encouraging people create the prctical new monde in the base of traditional knowledge, because it can promote the society development. If the objects have been in our society, we can not in keeping with the public profits.By now, there are seldom thesis, research reports discussing the new and original protect. There are rare writings analyzing the essence requirement of patents. With the development of the science and technology, the patent law must modify to judge the prctical new monde. It is important to all-round elaborate the inventers and the prctical new modern standards and study the progressing experience of other countries.The thesis has four chapters. The first chapter analyses the prctical new modern of the patent and the principle of law. The patent is a particular contract between the country and the inventor person. The patent system harmonizes the relationship between the inventor profits and the country profits. All countries only protect the invention that is new. The second chapter analyses the judgment of technology plan open. The means of ’know by the public people’ is the technology plan that can be understudied by public people. Maintain secret duty include appointment by the people, stipulating by the law and tacit agreement by the people. The third chapter analyses the modern technology that can impact the prctical new modern of patent. The concepts of publication are differing between the copyright law and the patent law. The information ought to be a examine standard in the examination of patent. In order to protect the public profits, we must delete the word of ’other people’ in conflicting apply clauses. The forth chapter analyses the problems of extend a time limit. Our country patent law will be affected by’ The treaty of entity law’, which have been draw up by WIPO since 2001. This thesis also analyses the tactics that our country accept the broad sense of extend a time limit or narrow sense of extend a time limit.

Research on the System of Novelty of Invention and Utility Model

Abstract

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