The Research On The Legal Relation Of Joint Patent

The so-called joint patent refers to the legal relation by two or more civil subjects sharing the inventions. There already had systematic and specific stipulation in the traditional civil law regarding to joint ownership which is the elementary problem in real right system. In the implementation of joint patents, licensing, pledge, transfer, maintenance and protection of justice with its own characteristics, which requires the use of the system of joint patents take full account of its uniqueness . The laws of China's existing does not give full consideration to its uniqueness, there are imperfections. This paper will be made on the basis of sound recommendations for the legislature of reference . The imperfect legal system has created a lot of obstacles to exercise the rights it is not conducive to the full protection of the rights .Basing on China's legal practice and foreign patents legal system ,the paper studied the China's total patent status, issues and put forward legislative proposals ,so that to improving the total of China's patent system and improving the efficiency of operation of the legal system.The paper studied from four aspects . First , the article defined the legal relation of patent in common and provided evidences that patent in common and ownership in common belongs to identical level of concept. Moreover the paper pointed out the distinctions of these two laws in the legal characteristics of the right , the content of the right and the internal constitution of the right .Accordingly , provided theoretical foundation to these two joint ownership . Second , this article introduced China's laws of joint patent and pointed out the being problems and deficiencie . Unreasonable in cur risks to the use of joint patents . It is unreasonable that the part owners take the principle of consensus in transfering and giving up the shares which their enjoyed . In addition , the maintenance and protection of patents to take the principle of consensus are unreasonable . Third , this article introduced foreign related legislation of Joint Patent, on the basis of the relevant legislation, this article will comparative analysis . Finally , recommendations are as follows : endowing joint licensor with the rights to transfer and give up the joint patent in his own share ; pointing out that the part which the patentee giving up should belong to the public domain ; In the course of maintenance and judicative and administrative protection of joint patents, licensors resume separately the consequences of his actions .