Research On The Prohibition Of Double Patenting

The rule of prohibiting double patenting is acceptable in most jurisdictions.In China,double patenting is concerned a lot by professionals.For one single creation-invention,the same proprietor is allowed to get both utility model and invention patent.This seems questionable on weather compatible with the rule of prohibiting double patenting or not.This dissertation holds that utility model and design are not patents.One can enjoy protections of different kinds of intellectual property right.Therefore,prohibiting double patenting only applies to patent for invention.It is legislative for one to have both utility model and invention patent.However,for the balance of benefit between the proprietor and the public,strict provisions are needed to avoid proprietor illegally getting extra protection.By studying the corresponding laws in different jurisdictions around the world,suggestions on the amendment are given as to the legislation on prohibiting double patenting in Chinese patent law,as well as the amendment as a transitional measure,including: assuring the balance of interests between patent owner and the public; separating utility model and design from patent;perfecting the rule of first to file,enlarging scope of interfere patent and changing the provisions of domestic priority,allowing interchange of the type of utility model and invention and reinforcing the provisional protection of patent application, etc.