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Prima facie case in China in the use of patent examination

Author: LiuZhangPeng
Tutor: ZhuLingZuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Prima facie evidence Patent examination Burden of Proof
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 62
Quote: 0
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Abstract


In the practice of patent examination , the State Intellectual Property Office of the use of evidence attached great importance to require patent based on a comprehensive review of the admissible evidence , findings of fact , the law applicable to other systems on top . However, China has not yet established a sound theoretical system of patent examination rules of evidence . In this paper, the SIPO examiners in the framework of the existing legal system and the launching of a prima facie review of relevant practice and drawing on foreign -related theory, the prima facie case study , which aims : to establish rules of evidence theory patent examination systems provide some basic research to reduce examiner review of the evidence is admissible facts difficulties in work to improve the patent examination efficiency and protect the interests of applicants to fully meet the needs of society . This paper is divided into five chapters , specifically: Chapter One: Overview of a prima facie case . Introduces the history and meaning of the prima facie evidence , a prima facie case with the basic theory about the U.S. patent examination prima facie evidence relating to theoretical research in Chinese patent examination prima facie evidence of the necessity to introduce and examine the surface of patent examination of evidence the purpose of the use . Chapter II : prima facie evidence in the U.S. patent examination practices . Presented a prima facie case in U.S. Patent Practice and review several aspects of the use and its impact on Chinese patent examination inspiration. Chapter Three: prima facie principle in Chinese patent examination practices . Analysis of the prima facie principle in patent examination in China proper , as well as a prima facie principle in Chinese patent examination practice and utilization aspects. Chapter 4: The \Analysis of the prima facie case in the Chinese patent regulations and norms transplantation prima facie standard of review applied . Chapter V : Conclusions . The content of the previous chapters are summarized and presented some of their own ideas and I suggested .

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