Study On The Global Patent System In Setting Up

With the economic globalization, more and more inventions need to obtain patent protection in more than one country. However, there are many limitations of the current international patent system which cause great obstacles to the multinational application and usage of patents,including overly complex nature of patenting procedures in general,high cost for obtaining patent right, and unnecessary repeated work in the processing of patent applications for the same invention. Developed countries, primarily the United States, countries in the European Union and Japan, do their utmost to advocate setting up a brand new patent system--the Global Patent System. The Global Patent System means that patent authorized by one patent bureau according to one patent law are effective in all the participants throughout the world. This system includes: one unified global patent law, needing only one application, search and examination to obtain authorization that is effective in all participants, unified global patent whose territorialism is greatly weakened, one really existing global patent bureau,a unified reexamining and litigating mechanism and one unified global patent court.Once the global patent system turns into reality, it will have enormous influence on our country. Its effects include heightening the protection degree of the patent , increasing greatly the amount of patent application and putting the current technological innovation, which is mostly imitational innovation, at a disadvantage, while giving an advantage to the realization of skipping development of science and technology relying on independent innovation.Facing the global patent system,our country should take a particular position different from developed countries and other developing countries. It would be better for China not to participate in the global patent system in this low-level stage of science and technology. But if our science and technology develops to a higher level in the future, participating can be considered. If participating the global patent system, efforts should be made to make its concrete arrangements be propitious to the spread of technology. China should strengthen the ability of patent examination and patent judgment and enhance the research on the international harmonization of patent system and the global patent system in setting up.