Some Problems To Patent Infringement

With the development of our national economy, the comprehensive nationalstrength, the steady increase of infringing the patent for the infringement of an intellectual property right constitutes an important part, has attracted worldwide attention (regions). Actor in infringe the patent right, often is in the interests of the drive, desperations, illegally carrying out or violations, or impersonating patent product, with a relatively small input to gain higher returns. The infringer in get higher returns at the same time, it hurt the patentee due right interest, as time passes will come even have a patent application of main body nor smoothly the patent right to obtain corresponding interests, eventually leading to strike an application for a patent on enterprise's lack of enthusiasm, creative vicious cycle. Second, China's patent defects in legislative and judicial adriel patent rights brought bigger difficulties, rights shall not clear, rights protection formalities such complicated reasons, give a person brings roumania. I live in patent legislation and implementation of insufficient for our country and other countries in the world in the competitiosuffered huge losses.This article through patent infringement in chemical, showing that a case patent system now in China, the problems and defects with other countries by comparison of related system in China, further reveal the patent situation and developed countries, China's patent protection gap of the tathagata night far. The further improvement of the patent system, either through further changes to the patent law, but can be by judicial interpretation or enact administrative regulations to implement, and at the same time, to improve the professional personnel engaged in patent work to improve their own quality in China also critical of patent protection.This paper emphasized by the example above is mapped to the patent law of China legal insufficient and defect, the author hopes that through the analysis of a case is studied, and the patent out our legislation and implement deficiency, thus proposed perfecting patent legislation and practice of insufficient, puts forward Suggestions to solve them.