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Patent restrictions research

Author: LiuXiangYang
Tutor: JiangYanBin
School: Central South University
Course: Economic Law
Keywords: Patent restrictions Theoretical analysis System improvement
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 300
Quote: 2
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Abstract


The patent system aims to inspire the creators of the invention at the same time to promote the progress of society as a whole . Function of patent restrictions is that the rights of the creator of the protection of inventions and prevent inventions abuse rights . The patent system is the history of the history of patent restrictions , rights-based , voluntary standard history of the evolution of the social standard . The patent restriction exists not only in a domestic , international and step-by-step . The modern patent system to limit reflects the changes in the concept of protection . The patent restrictions means of institutionalized. Patent restrictions has become an important part of the patent strategy . Patent restrictions theoretical basis reflects the natural rights theory and the social contract theory , the unity of rights and obligations . From an economic point of view , the patent granting and protecting the rights of people in order to prevent free-riding behavior , the monopoly benefits , patent restrictions is to protect the dissemination of information and the general public to learn , is the unity of the personal and public interests . Patent system by the main object , conditions , procedures , state organs, the legal basis for the protection of the rights and encourage the formation of eight logical unit system of patent restrictions . Patent the main restriction is limited to the qualifications of the patented inventions . Patent body limited by strict to loose encourage invention to encourage investors . The object of the patent restrictions can be divided into absolute limit ( if disabled) and relative restrictions (such as exceptions , fair use , etc.) . The patent restrictions embodied in the patent annual fee , Exhaustion , rational use of compulsory licenses , prior use and other aspects . Biotechnology, business methods , patented technology standardization of the patent system to bring the impact . China's Patent Law Patent main qualification as well as service invention in a stateless person , \Through the expansion of the \

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