The Total Patant Research

The so-called total patent refers to the legal relation two or more civil subjects sharing the inventions. The system of ownership in the property rights law are relatively perfect. However, due to the patent as anintangible property right, which are different from the characteristics of real right ownership.Therefore, in the process of the patent right exerciseing not just for the general rules.but following the patent right special rules.Our country new patent law doesn't give full considerration to its uniquenessthere are imperfection.Because the legal system of the patant is not perfe-ct,people takeing the patent into effect are very difficult.Based on the basic theory' of the total patant,and complying with the f-oreign relevant legal system.The theies involuts comparison of the new7 patent law of article 15.which is about the provisions of the total patent right.The writer in order to study the present legislation and the problem of the total patant exerciseing.and want to propose legislation suggestion for the transformation and utilization of the total patant.This article includs five aspects. For the first, this aspect studies the concept of the patent and the legal nature of the total patant.Second, this part gives the objective comments to article 15 of the new patant law,both and the standard progressive and breakthrough.The third part studies the present situation and problems of legislation.separately from the licensing the implement,the punishment and the shane of the benefit of the total patant.Fourth, this paper introduces the foreign legislation about the total patant.Fifth, at the basis of the study of the total patantthe writer puts forward the suggestions on the total patant law, perfectsing the total patant application mechanism, establishing a mutual patant share sanction mechanism.and improving mutual patant share sanction mechanism.and so on.