The Co-ownership Of Rights And Its Exercise In Patent Law

Co-ownership of patent refers to two or more units or individuals shared a patented invention, which is a basic problem in Patent Law. As an intangible property rights, its application, exercise, license, disposal, judicial protection and maintenance has its own characteristics. After the third revision, also lack of clearly defined many specific issues, so the uncertainty of patent and total area of the new legislation has not been completely eliminated, a total of right holders in the exercise of rights still face many obstacles, not conducive to the use of patents. This article through discuss the relevant Chinese laws and regulations, and legislative experience from abroad related to our current patent legislation in the exercise of rights on a total lack of analysis required to reveal Chinese current patent situation and the true total system dilemma, make sound recommendations related.It consists of four parts. The first part introduce the system of patent rights in general analysis, and clearly define the scope of patent application rights and patent rights, the type and content. The second part, through the analysis of the existing law on the issue of the relevant provisions of the franchise there and found the problems and defects, such as giving up part of a total ownership of patents, in order to reveal the current patent situation and the plight of a total system . The third part compares the foreign relevant legislation on the basis of the description of civil law and common law countries and the last part of this article propose a solution in Chinese judicial practice from the system level, through logical and workable operation.