A Case Analysis On Double-Patenting

Patent right is an exclusive right for the patentee granted by state to use his invention within a certain period. The exclusive right is the most outstanding characteristic of patent right.Double-panting violates not only the regional characteristic and time limit characteristic of patent; what's more, it destroys the balance system of patent interests between patent developers and the public. The prohibition principle of double-patenting is derived from the characteristic of the exclusive right characteristic. The prohibition principle of double-patenting of China refers to that the same invention can only be conferred a patent right. There are more phenomena of double-patenting because patents consist of patent of invention, patent of utility model and industrial design patent in Patent Law of China, the protection duration of every kind of patent s and the review mechanism are different and the regulations of the principle of priority and conversion protection, confining the protection and development of patents.The author tries to analyze the jurisprudence and practical reasons from these concepts, such as patent's characteristics, first-to-file principle and first-to-invention principle, protection modes of patents, the principle of priority and conversion protection and puts forwards a solution as reference connecting patent laws and regulations of Patent Law of China.This article consists of there chapters. In the first chapter the author gives a brief introduction of two typical cases of double-panting. The two cases involve the double-panting between two patents of utility model invention, or between a patent of invention and patents of a utility model invention. The author gives a brief introduction of patent focus of the relevant cases. In the second chapter, the author analyzes the concepts related to the prohibition protection principle and the relationship with double-panting from the perspective of jurisprudence and practice, and these concepts include patent's characteristics, first to file principle and first to invention principle, protection modes of patents, the principle of priority and conversion protection and dependent patent. In the third chapter, the author introduces briefly the revision of Patent Law and proposes a solution for the existing problems of double-patenting.