Research On Utility Of Patent

At the age of knowledge economy, innovation of knowledge and technology is ultimate power for corporation, society and almost the nation to develop itself. Patent law plays an important role in protecting the innovation of knowledge and technology. If someone want an invention to obtains patent protection, it must fulfill the condition of patent law, utility is one of three substantial condition that patent law needed on an invention wants obtain patent, people think this condition is simple as a rule, for that is easy to know whether a thing is useful or not, but the development of technology brings a lot of problem about utility. At the step-time of twenty century, with the development of science and technology, lots of developed countries distended the range of patent protection, use patent law protect bio-technology and commerce methods. In this expansion, utility played a important role, they often through wide explanation on utility distend patent protection range. This article begins with implication of utility of patent, through exploring and analyzing the utility of patent and its transformation in some special scope, research utility of patent transformation's reason, hope that will generate a little help in our county's patent practice. This article is made up of three chapter, in chapter one, I introduce the basic implication of utility, analyze the implication of industry in utility and its change, and point out the relationship between utility and technicality, utility and public morality. In chapter two, I explore and analyze the utility of patent and its transformation of some special scope in China and foreign country, including the special utility of biology, sickness treatment method and commerce method. In chapter three, I analyze the change reason through former introduce on special domain: not only the supporting of theory, but also the effect of industry's benefit and the impulse of nation's policy. Finally, I designate that China is still a developing county, the protection on intellectual property must be fit in with our country's situation, continuing to execute a exacting patent censor standard is fix in with our nation's benefits.