Research On The System Of Prior User Right

The prior user right is very useful to the patent systems which practice the "one invention,one patent" principle and first-to-file system.It not only protects the benefits of the prior user to relatively realize the fair principle,but also secure the producting and marketing activities.Our country has a great lot of traditional technologies,but our patent law put too many limits on the prior user right.Also,the regulation on the prior user right is too simple and rough.This situation makes it hard to apply the interrelated legislation,and destroys the unification of law application. This article researches the legal theory foundation of prior user right mainly with interests balancing theories,analyzes and profits from the overseas legislation on prior user right,and gives some reasonable suggestion about improving our system of prior user right,embarking from our country national condition.This article can be divided into four parts,apart from preface and conclusion.Chapter 1 discusses the engenderation of prior user right,setting out from the "one invention,one patent" principle and first-to-file system.Then,it discusses the concept of prior user right and the system of prior user right.Chapter 2 analyzes the kinds of theories about the nature of prior user right,and gives my own viewpoint on it.Then it also discusses the legitimacy of the prior user right.Chapter 3 analyzes the system of prior user right in abroad countries and international treaties.Chapter 4 analyzes the current situation of prior user right system in our country. Then,according to the analysis of the legal theory foundation and other countries' legislation of prior user right,this chapter presents some reasonable suggestion about improving our system of prior user right.