Research On The Patent's Right-use And Abuse

The patent system was created to stimulate innovations and protect inventions, which use law to confirm the creation and protection.It can be said that the franchise is the privacy norms of law established on forbidden issues,its essential lays on protecting the reasonable request of a positive response and punishing patent infringement.Patents can get rid of other interference when they are in the use of patents properly,but in the improper exercise of any private rights,it doesn't have the absolute authority and power any more,but need the active involvement and norms of law to make it compatible with the overall interests of society and order,is also the case with patents.In the legitimate use of patents between the abuse of very fuzzy boundaries,on the one hand,patents in the protection of inventions,and promote scientific and technological progress still has a positive meaning,on the other hand, patents are often abused patents,impede the the dissemination of knowledge and technology innovation.Thus,how to define law abuse or not,what kind of legal concepts should guide,has practical significance.Experienced the emergence of patents from the "privilege" to "property rights" of the process,during which the patent system is based on the value of the development of the concept of full protection by the private rights of patent holders into both the social value of patents.First of all patents can be seen as the property rights of the patentee,his possession of the property rights is beyond his control,like other property rights,he enjoys complete their possession,use,benefits and rights of action.However,as the same as other property rights,patents in the use of the process can not damage the public order and good social customs,that is,in the interest of the community,based on the patent owner exclusive,monopoly rights.But this is only the community to a certain stage in the development of property rights to be restricted to all the general requirements for the subdivision to the circumstances under which patent holders can be unrestricted use of its patents,is the focus of this paper.In excess of these cases,we have every reason to explore whether the patent has been abuse of patent holders and how these regulations to eliminate these negative effects.This is mainly related to an unlimited expansion of the franchise,as well as their understanding of the nature of the specific use of limited scope.In this mode,the patent is no longer a private right of unlimited authority,but has limited the scope of private rights,namely the use of patents in its pursuit of the interests of the patent,he has to face first of all,the interests of the community,The second is the individual interest.The legitimate use of patents is actively pursued by the patentee,mainly reflected in the power of the franchise.To sum up the franchise's empowerment as a "line" and "cut" two-fold.Line refers to the patentee of the patent for the possession, use,income,sanctions acts of initiative is a positive power;ban refers to the patentee to exclude people on the exercise of patent interference and obstruction,is negative empowerment.This chapter is focused on the transfer of patent rights,licensing and patent-use choices,and include the patentee to stop the legitimate means of patent infringement.The nature of patents as a monopoly right,in fact,a double-edged sword,if its abuse,it will have a monopoly of power by other unparalleled concealment,it will be legitimate under the guise of seemingly made a series of in the way of technological progress,and harmful to others or even the wrongful act of the public interest.So far the development of the patent system,the protection of the object showing a growing trend,the patentee is also improper to expand the scope of its patent rights to protect its more and more interest.How to define patent abuse,how abuse of patent law to control the conduct of the discussion will be the focus of this chapter.This chapter under the new situation will be some new sort out patent abuse and arguments.Since the introduction of the 80's and established the patent system to protect the scope,intensity,levels are "climbing over" trend,as a developing country,we should pay attention to find the reasonable limits of patent rights in order to protect the rights of man and society a balance between to improve the patent legislation,to promote the health of the patent system to flourish.