Substantive Requirements Of A Patent And Their Legitimacy

A patent is a monopoly right in an invention.2 Licensing standards, as an instrument of a national public policy, have been making it the first aim to take the balance between the two great values—enlarging social public profits and supporting private profits since its infancy. And they also have been the pushing power on the contemporary social reform and rapid development. Scanning the patent system of the United States, European Union and Japan, this paper tries to discover the development and statement of the licensing standards under the economic globalization, while at the same time, concerning the questions on licensing standards in the newly amended Patent Law of the People's Republic of China.In the introduction the author provides the view: First, the Principle of equity of price is the legitimate requirement for the existence and development of the patent system; Second, the level of the licensing standards depends on the current economic level of a country, and is directed by the country's public policy.This paper is made up of three parts. Part One is about the origin of the patent system, consisting of the economic, philosophical background of the production of patent system, and some questions on the legislative technology of that time. That's to make it clear that the fundamental purpose lies in how to protect the legitimate rights and interests of the patent owners, to encourage invention-creation, to enhance the appliance of invention-creation, to promote the development of science, technology and the economic society. Patent law, existing as a part of social laws, is always in the purchase of the balance of interests, which is its valuable target. Among this, a nation's functions play a very important role.Part Two analyzes the three substantive requirements for licensing a patent—novelty, practical applicability and inventive step, which altogether, is the second doorsill to licensing a patent—and legitimacy existing in the three requirements. This part consists the meaning, criteria, existence principle and comparison among the patent laws of U.S., EU and Japan. The differences in the requirements of the countries depend on the differences of their economic situation integrate power and their interests.Part Three provides the consideration and analysis on our country under the international and domestic situation, especially upon the time that we've newly amended our Patent Law. There are some achievements in the new law, and also some unsolved problems. How should we achieve the balance between the interest of patent owners and public interests and make our patent system play greater and more powerful role? Maybe it is a long way, let's see and try to do something.