A Comparative Study On Patent Law Between China And Japan

With the unionization step of the world economy, science-technology, and the liberalization of world trade, traditional economy transformed to knowledge-based economy, patent law become more and more important in the world trade system, and turn to modernization and internationalization. Facing current globalization, we are not only acquaint with our patent law, but also master foreign patent, especially our commerce partner-Japan, we should research patent law system of both countries, which will provide law support for our business enterprise to avoid the infringement dispute and be benefit to patent adjusting.This thesis tries to use the method of comparative analysis, through the path of the theory research and demonstration research to compare the similarities and differences of relevant rules between two patent laws, review the purpose of Japanese patent, and summarize countermeasure for our patent law. The most important intention of this paper is to offer some advice for our patent legislation and corporation practice through research of theory and demonstration, and author focus on the latest amend about rules of employee invention in Japanese patent, refer to some sample of our country, and make some suggestion for the reform of our employee invention. This is also creative points in this thesis.The content of this paper includes comparative research about relevant principles of patent object, patent application, patent infringement and so on between Chinese and Japanese, at the same time, author did more work on the different operation of employee invention, and review the process of national patent strategy in Japan, which boosted the development of economy and science-technology .At last, making conclusion and bring forward countermeasure.