On The Claim System Of Protecting Patent Right

Because the defensive protection and the aggressive protection of the absolute right are confused, there is only the protection system of the rights which taking tort liability as the core in the existing legal system. Reference to the related theories of real right, this paper advances that the existing protection system of rights should be deconstructed and the corresponding claim system should be built. First of all, taking a real case as point of cut-in and raising the question through analyzing the dilemma that the judge encountered; then, on the basis of studying the history of right protection system, this paper take a reflection and question on the existing protection system. In the mean time, deconstructing the existing right protection system is been proposed; Later, this paper creatively put forward a proposal for building a remedy system of patent right taking claim as the core based on the facts of hinder, damage and hamper. After deep analyzing the concepts and the constitute of this claims, this paper specially discusses the relationship between the claims and how to apply the time limited of the lawsuit in them; Finally, sum up of the entire claim system and solve the question raised above base on the new protection system.