Restrictions On Patent

Since, the patent law was implemented in 1985, patent protection has been widely accepted, and patent protection has gradually been valued by the country and the enterprises along with three amendments of patent law and China's accession to the WTO. It is because patent plays an important role in the progress of science and technology, the development of economy, and even the economy security, which it becomes what the government, enterprises and individuals focuses on. When patent protection is increasingly strengthened, another kind of voice is also rising, that is to say, patent protection emphasizes the interests of individuals, while ignoring the interests of the society and country. Patent system is used to balance the interests of the obliges and that of the public while promoting the progress of technology. Too much emphasis on the interests of patentees will result in patent abuse. In order to prevent patent abuse and ensure the realization of the public interests, some restrictions must be made to the duration of patent protection, the scope of the right and the like.Chapter I is about the overview of restrictions on patent which discusses the concept of patent and the monopoly and publicity of patent, analyzes the concept and scope of patent restrictions, briefly introduces the history of patent system and patent restrictions, and sums up the significance of patent restrictions.Chapter II focuses on the theoretical basis of patent restrictions. It is analyzed from two aspects: the necessity and the legitimacy of patent restrictions. As for the necessity of patent restrictions, we analyze why the monopoly of patent rights is rational at first, and then the relationship between patent abuse and anti-monopoly law, pointing out the need for patent restriction. The legitimacy of patent restrictions is explained from the following perspectives: the philosophy of law, economics and sociology perspective.Chapter III describes the legal system of patent restrictions. The restrictions on the patent effective duration, fair use, compulsory licensing, and the restrictions of competition law and security rules on patent the patent, are given a detailed account ,combined with national legislation and international treaties.Chapter IV points out the problems in the right of prior use, patent exhaustion, as well as restrictions on patent in the competition law, and puts forward proposals for solving the problems accordingly.