The Research On The Patent Restriction

On the one hand, the patent system greatly promote innovation,with interests being as incentive; on the other hand, because monopoly is the characteristic of patent, the patent system,to a certain extent,affects application of patent technology. So placing a certain degree of restriction on patent to overcome its adverse side is very necessary. After three amendments, China's Patent Law has had a very good system foundation of patent restriction rules, but still exists room for improvement in the related theory research, especially in how to realize the patent restriction in different stages of system operation. This thesis attempts to, from the perspective of the patent law's operation which is from granting of patent to exercise of patent, and to patent relief, study how to limit patent, in Patent Law internal, so as to make reference to patent legislation. This thesis is divided into five parts:The first part of this thesis expounds the theoretical basis of patent restriction. In this part, this thesis analyzes the necessity of patent restriction; expounds the principle of patent restriction; arguments and analyzes the way to patent restriction, indicates that this thesis attempts to,from the perspective of the Patent Law's operation, namely from these three stages which includes granting of patent, exercise of patent, patent relief, study patent restrictions, and the second part and the third and the fourth part of this thesis correspond with the three stages respectively, expound three stages in detail.The second part of this thesis expounds in detail the restrictions on patent granted. This part of this thesis expounds restrictions on patent granted from three aspects, namely the limit of the patent object, the limit of duration of patent protection, and the limit of patent protection range. This part points out existing problems of China's Patent Law in the patent protection range.The third part of this thesis expounds in detail the restrictions on the exercise of patent rights. This part of this thesis expounds patent restriction on the exercise of patent from three aspects such as patent infringement exception which consists of patent exhaustion, first use by the owner of the earlier and reasonable use, patent compulsory licensing, patent default licensing. When expounds the three aspects, this thesis points out the problems of China's Patent Law respectively.The fourth part of this thesis expounds in detail the restrictions on patent relief.This part expounds the restrictions on patent relief from four aspects such as patent relief way, patent relief period, patent relief amount, and patent relief starting programs, and points out the deficiency of China's Patent Law in these aspects.The fifth part of this thesis introduces suggestions on how to perfect our country's patent restriction. This part of this thesis introduces suggestions on how to perfect our country's patent restriction according to three stages of the Patent Law's operation which include granting of patent, exercise of patent, and patent relief, in the hope that these suggestions could make reference to our country's patent restriction legislation.