Study On The Limitations On Patent Right

Patent system is an important system that designed to stimulate technological innovation, prosperous society economy at the modern times, In knowledge-base economy times, the patent technology having gradually important marketplace position in economic growth and the inherent monopoly character of patent, make the phenomenonena of abusing a patent appear unceasingly. The patent abusing has already aroused many countries' taking seriously, they have passed numerously and confusedly legislation to the patent abuse behavior gives gauge system. However, under the pressure being constrained to be in line with the international conventions, the Chinese patent system consults international treaty and the developed country law to carry out modification in the Chinese process in joining World Trade Organization. These revise while promoting legitimate rights and interests protection, being not allowed to deny, some modification of laws and regulations makes the patent protection exist the blind unexpectedly high standards relative to the social development need of our homeland, and have ignored that timeliness that the law should have to the society adjusted .The patent system has been caught in the mistake area of one-sided stress right protection while ignoring that patent right restricts. At the same time, the anti-monopoly law that maybe an effective gauge of patent system from outside has been not appeared after staling for a long time. The facts in our country are: the technology level develops in our country relatively lower; most industry estate insufficiency the key technology condition. Therefore, facing the patent abusing of multinational corporations, the minimum protection standard stipulating that in satisfied international treaty behavior, giving reasonable restrictions and establishing gauge system to the patent, appear especially important right away.Except the introduction and concluding remarks, text part composes the main body of a thesis from four chapters:The first chapter comments the necessity that the patent restricts right away has been carried out. Firstly, point out the necessary attribute monopolizing nature being a patent, expound respectively from the angle of monopolizing and the theory of economic stimulation, to testify a patent the inherence characteristic monopolizing nature, which is the guarantee that the patent realizes and is able to stimulate technological invention more well. Proceed to point out a patent's monopolizing nature needing to be restricted, expound respectively from the angle monopolizing and the common product character of the patent object, expound and prove the patent monopolizing not surely leads to monopoly and to bring about damage consequence, but make it easy to abuse by the patent monopolizes when combining with other marketplace condition. At the same time, the patent object is a common product essentially so that the common product's privatization must be controlled in the certain limit. As a result, we should restrict the patent under wanting premise monopolizing nature in guarantee patent.The second chapter comments that the patent restricts are reasonable and legitimate. Mainly expound from two aspects, economics and the jurisprudence, add reasonable and legitimate having set forth the patent restricting.The third chapter discusses detailedly the concrete legal system that the patent restricts. And point out the legal system improvement direction for our country patent restricting. The system that the patent restricts is mainly composed of the internal restricting of patent system and the system monopolizing law that gauge the behavior of abusing the patent. The thesis emphasizes mainly on the internal restriction of the patent system. At the same time bring forward the author's suggestions to the patent right restricting system. The author also points out on the entirety that our country ought to structure a Patent Law inside and an anti-monopoly law outside as soon as possible suitably to make it carried out easier to take precautions against and more forceful restricting.The fourth chapter has set forth the problems facing our country patent field and has submitted the suggestion measures. There exists problem in situation both at home and abroad facing our country intellectual property rights field as well as society is at present real, makes us ought to be able to not ignore that the patent restricts to patent system only the position goes and striving for, while protecting a patent. Proceed to put forward a proposal on the policy having introduced USA and the Japanese patent and the basis gaining enlightenment out of and drawing lessons, in considering our national condition.