Study On The Mechanism Of Public Participation In The Patent Review

The core of patent examination is to review the novelty and creativity of inventions and prior art is the basis for comparison with the novelty and creativity. The presence of prior art information and practice of retrieval methods of patent examiners determined the lack of available prior art information and the information deficit of prior art is crux of the currently problem of patent quality. Therefore, it is necessary to study how to solve the problem of insufficient information on prior art. To overcome the lack of information, it is necessary to introduce public participation in patent examination system. This paper is a study of the mechanism of public participation in the patent review. Major work and conclusions in the paper are as follows:First of all, this paper demonstrates the need for public participation in the patent review. In the current case of the more patent quality problematic, patent applicants do not want to disclose their known prior art information, which making it difficult to establish an effective incentive mechanism. Even the practice of compulsory such as disclosure obligations of the applicant's in U.S. patent law, can not provide the necessary incentives to enable the applicant to disclose known information. Due to search quality and other shortcomings, outsourcing search of prior art the same can not solve the problem of insufficient information. This paper considers the establishment of appropriate mechanisms for public participation, such as the current model of community patent review is the more effective solution of the current information deficit of prior art.Secondly, this paper studies the basic theory of community patent review and assessment of the pilot projects abroad. The paper presents how to motivate the public participation in the patent review is the most important issue in the current community patent review. Combining with the motivation theory, the paper analysis that the incentive which encourage public participation are:platform for participants to participate, material reward and the need for high-level such as honor, achievement, responsibility. On how to encourage active public participation, the article also presents the following incentives:to further optimize the software platform of participation, to provide appropriate amount of monetary reward and multi-faceted spiritual rewards. Finally, the paper also found that the existence of insufficient information of prior art in Chinese patent examination and critical review is conducive to safeguarding the interests of our country. Thesis that the introduction of the mechanism of community patent review is necessary and feasible for China.Regarding major aspects of community patent review, the article put forward the following recommendations:priority for computer software, followed by the business method and finally, the field of biotechnology for the pilot project; using the same software platform which adopted by the United States; full information and a variety of effective investigations in the pilot project; by the way of priority review to encourage applicants to submit applications for pilot and providing bonuses and a variety of spirit incentives to successful participation to encourage active public participation.