Research On Prior User Right In System Of Patent

Patent system is the first IPL system approbated and established by the ruler, at the same time it is also the youngest and most energic IPL system for its always keeping tightly touch with the productivity. It meets the Sci-Tech's need and promotes the progress of the society. Undoubtedly, it is the hundreds-years- period from patent system founded in the world there was broken out several Tech-Revolutionaries and made dramatically changes in the life of human beings. So patent system is called by the former U.S. president Lincoln as:"The patent system added the fuel of the interest to fire of genius."However, just like the coin having two sides, the patent system as the monopoly right by the law also has the side and negative effects on the whole society especially under the some conditions in our society. For example, as the root principle of the all country established with the patent system , the patent right is granted to the person who voluntarily applied the invention to the Patent Office. But, actually the applicant is probably not the first person who invites this technology or uses it prior the filling date.If the patent law system neglected the rights of the original inviters or prior users, it would beat the passions of them as the main and necessary bodies to invite and spread the new technologies, and in turn would affect the whole society's progress. The prior user system researched in this thesis is just as a balance system to the patent right based on above considerations.The aim of this thesis is to amend a suit prior user right system in the third amended patent law to just fit the Chinese and international conditions and embody the fair and efficiency for our vastness prior user in china.The whole thesis consists six parts as below:Guides: in this part, the author will analyze the theory background and especially the Chinese unique condition to make out the necessity of a fair and efficiency prior user right system in China now.Chapter I: Analyzing the characters of the prior user right as a theory foundation.Chapter II: Introducing the foreign country's system of the prior user right as a fact material.Chapter III: Conclusion for how to establish a fair and efficiency prior user right in China now by using the viewpoint of above Chapters.Summary.