Research On The Restrictive Legal System Of Patent Right

Right protection and right limitation are the topic in law in all ages. Patent right is an exclusive right that is awarded by country, and as a response to originator for their invention and creation. The characteristic of patent right decides that any one cannot actualize the patent without the permission by the patentee. Whereas if the protection of patent right overrun to the necessary, it may harm the benefit of nation and society. Consequently many countries prescribe the legal limitation system for patent right in different extent.Presently there are already correlative regulations in patent legal system for our country. And the regulations keep consistent with TRIPS agreement, but there is also deficiency in the idiographic regulations. It makes against the performance of our exclusive law. Moreover it will result in outspread of the patentee'rights step by step. The existence of this problem not only touches the national and public benefits, but also goes against the perfection of our patent legal system.Base on this situation, the assignment about the academic discussion and legislation practice, which we meet is more exigent. Firstly this paper discuss the academic elements, namely the patent limitation is an important balanceable mechanism, which regulates civil right and public right, personal and public interest. Thereafter, the present study expatiate the current patent limitation system in the international world, in what analyzed and compare the similarities and differences for two typical systems. Following the analysis on the current patent legal system, ground on the legislation and justice practice overseas, discuss the perfection of our patent limitation legal system, aim to achieve reasonable exertion of right for the patentee, and safeguard the public and national interests.