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Patented Repeat authorized research

Author: SongHaiFeng
Tutor: ZhouChangLing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Patent Invention Utility model Repeat authorized The same invention
CLC: D923.42
Type: Master's thesis
Year: 2005
Downloads: 296
Quote: 13
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Abstract

So-called patent double patenting, refers to two or more inventions, technical solutions due to the main technical characteristics are basically the same, or equivalent, to apply for a patent, are authorized. The repeat authorization perverse patent violation of the exclusive property of the patent, and damaged the patent in the the inventor country or public consideration of the \Therefore, the prohibition of patent double patenting is an important principle of the patent system. \Specifically what kind of circumstances constitute patent double patenting, there are a variety of insights of academics and practitioners. Beijing Municipal Higher People's Court (2002) Gao Min Zhong Zi No. 33 administrative judgment for the comfort of a patent invalidation case, triggering a wave of intense theoretical confrontation. This paper, this empirical, based on the system of China's patent system, from excavations patent repeat the authorized study the legal significance of the departure, through the legal issues involved in repeated patent authorization explore, Tan, analysis of typical status quo of China's patent double patenting \and its underlying reasons, and finally put forward specific legislative proposals. Specifically: The first part, patent repeat the authorized legal significance of the research: discusses the principle of prohibiting double patenting is a fundamental principle of the patent system. People repeat authorization understanding of differences. Therefore, it is necessary to study patent double patenting. The second part of the patent repeat authorized study the legal issues involved: mainly related to the exclusivity of the patent, the scope of patent protection, the same invention and the prohibition of the principle of double patenting. Introduced the concept of the patent and the patent system, the nature of theory, discusses the reasonableness of patent exclusivity. Set forth the basis for the definition of the scope of patent protection and the claims interpretation. In repetitive authorized judgment, the same invention claims compared. Do not re-authorization policy is the exclusive embodiment of the patent. The third part of the status quo of China's patent double patenting: brief introduction to the ins and outs of the comfort of a patent invalidation case. To do an in-depth analysis of the legal basis and the same main application for invention and utility model \Also the institutional system of the existing patent law on the prevention of the repeated authorization and duplicated granted patents disposal laws and regulations, the provisions of the current system of patent law system memory autocorrelation contradiction. I believe that the \The fourth part, repeated China's patent licensing issues of legal measures: for example, Japan and Germany, two typical to explore avoid invention patents and utility model repeating authorized legislative experience; China has country

Patented Repeat authorized research

Abstract

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