Analysis Of Prohibiting "Double Patenting" Principle

Patent right is the right that prohibits others from implementing the patentee's patent without authorization. For the same invention, even if the invention meet the requirements of granting a patent right fully, it can not be granted more than two patents, which is the meaning of prohibiting "Double Patenting" principle. Prohibiting "Double Patenting" principle is an important basic principle of the patent system. This principle is used to prohibit conflicts of the right among the patentees, to prevent the improper extension of patent protection period, and to play the role of invention incentives.In China, how to understand the meaning of Prohibiting "Double Patenting" principle and how to apply it in practice, are in dispute. The third amendment of Patent Law in 2008 adjusts the Prohibiting "Double Patenting" apparently. Do these adjustments settle the disputes on Prohibiting "Double Patenting" principle? What problems are still alive regarding the Prohibiting "Double Patenting" principle in the existing system of patent law modified ? This article would make a study on the aforesaid questions.This article is divided into four chapters. The first chapter presents an overview on prohibiting "Double Patenting" principle, introduces the origin of prohibiting "Double Patenting" principle, its development process in China, other regulations related to Prohibiting "Double Patenting"principle in patent system, and the differences between those regulations and the Prohibiting "Double Patenting"principle. Also, this article raises two most important legal issues arising from Prohibiting "Double Patenting"principle, and to play a vital role for the chapters hereinafter.The second chapter is about the "same invention". Introduces the "same invention"concept and related concepts in other comparative studies, the "same invention" for judging and review standards, and pointed out that the existing problems, and finally with the United States on the "same invention " the relevant provisions of the problem Were compared.The third chapter analysed the influences on double patenting imposed by "conversion protection" mechanism. This chapter starts from a typical case of double patenting arising from patent "conversion protection", introducing and discussing the different opinions of academic circles and practice circles on "double patenting". Then this chapter raises the personal view of the author. At last, this chapter discusses the "conversion protection" mechanism that allows the applicators to apply both the invention patent and the utility model patent.The fourth chapter is about the "Double Patenting" legal advice, both from the review and authorization is given on the improvement of the author "Double Patenting"the proposal.