Study On The Convension And Protection System Of Patent

The third patent for the revision of the applicant is identical invention-creation also apply for invention or utility model patents, and allow the two practical new-type patent protection to the invention of the conversion system. In China, the only practical new-type patent for invention allowed to exist in the circumstances, the transformation of the system construction, also exist big limitation, and the rationality of the existence of protection mechanism has always been there is bigger, this paper is expected to dispute the rationality of patent protection mechanism transformation make sure, and on the basis of current patent laws to specified conversion system of patent further improvement measures. This paper expounds the connotation of patent protection mechanism transformation, and analyses the transformation mechanism and institutional patent and the patent, mainly is for clarity and repeat conversion system the difference between the authorization system. For patent conversion mechanism of legitimacy, mainly discusses the formation mechanism of patent conversion mechanism, the concrete from the invention and utility of the difference, and puts forward practical new-type patent invention to allow the necessity and feasibility of conversion. In order to better improve China's patent conversion system, based on the other countries or regions on the patent system transformation mainly enumerated in Germany, Austria, Japan, South Korea and China to Hong Kong area in China, the legislation of the patent in the process of constructing the transformation mechanism leads the role play. Finally, based on the status quo of patent protection mechanism of conversion analysis and review, and points out the deficiency in current legislation, the "on" explanation to apply for questioning, expand the application in certain period, theoretically to the probe rationality analysis, and supplemented by perfecting the system of public aspects of patent protection system, put forward the corresponding conversion of legislative Suggestions.