Research On The Prohibition Of Duuble Patenting

The prohibition of double patenting is Basic principles of patent system in many countries around the world. In china, double patenting is concerned a lot by professionals, especially, the situation is more serious when invention, utility model and design all belong to the patent. Recently, the situation is relieved because of amendment of the patent system. But some problems still need to be solved in the future. By studying the current patent system, as well as the hot topic, analyze the prohibition of double patenting of china.This article is divided into five main parts:The first part is the basis of an independent theory the prohibition of double patenting, Introduces the implication of the prohibition of double patenting, made on the value of independent analysis of the prohibition of double patenting, and lists the theoretical controversy.The second part of Article researches the corresponding laws in different jurisdictions around the world, including USA, Japan and Germany.The third part of article elaborates the criterion of the identical invention on-creation, analyzes the implication of the identical invention on-creation, as well as analyzes the interpretation of the Claims. The forth part of article studies different understanding of the prohibition of double patenting, analyzes several hot topics, including how to understand "the identical invention on-creation can be granted only one patent", the law on "one apply for invention and utility model in the same day", and how to build the effective relief system when exists the double patenting.The fifth part of article introduces the general provisions about the prohibition of double patenting and the main provisions of China's patent system, on this basis, analyzes the deficiencies and improvements of the current patent system. In the end, put forward several proposals for Perfection of the prohibition of double patenting.