International Harmonization Of Patent Application System

In the current patent application system, a patent application must experience mass iterant application process if it seeks multinational patent protection. The patent application system of each nation, which based on the level of its technology and economy development, adapted to its social civilization and legal foundation, is different. However, with the extending of the regional range of patent protection against the background of global technology transfer, more and more innovations are seeking global patent protection while the transnational application aggregate increases rapidly. Therefore, when the increasing demand of transnational patent application conflicts with the blocks result from regional difference, we have to seek ways to settle the conflicts between regional difference of patent application and the necessity of multinational application.International harmonization on patent application is to harmonize the patent law difference of those main countries; the formulation, subscription and acceptance of treaties will weak the conflicts between multinational patent application and regional restrictions, and reduce the blocks of transnational patent application.Chapter I introduces the conception and meaning of patent application system and the cause of conflicts, analyzes the feasibility, necessity and the content of international harmonization; studies the theoretical and practical significance of patent application system.Chapter II introduces the differences of patent application of different countries and the content of international harmonization: theme and form of patentability, procedural and substantial stipulation.Chapter III analyzes the present ways of harmonization and the successful harmonization pattern of main countries, and the harmonization of international organization which comes to international agreements.Chapter IV analyzes different types of harmonization system and the merit of present international harmonization; from the features of patent application system, the author suggests that international harmonization should based on the following principals: benefit balancing, cooperation, justice and efficiency, promoting technology circulation; and harmonization on different levels, analyzing the tendency of international harmonization, development of new ways and patterns, and the possibility of coming to new agreement under present framework.Finally, the essay introduces the patent law system and current situation of the international harmonization of China, the innovation plan, harmonizing strategy and standpoint China should take.