The Harmonization And Unification Of Patent System In European And Its Inspirations To China

For the regional characteristic of traditional patent system, a patent granted by one nation is only effective in this nation without the outside force. With the international trade being more and more frequent, the objective request that breaking down the regional characteristic of traditional patent, which obstructs the technical and economic trade between different countries, is becoming more and more urgent. Under the background of this objective request, the harmonize and unification of patent system between different nations was strengthen and enhanced constantly with the acceleration of regional and global economic integration. From 19 century, as one of the highest district of political and economic integration, the harmonize and unification of regional patent system in Europe have always being the first-class in the world. The Europe, in which the difficulties faced likely in other circumstance, provides a successful modal. Through reviewing the historical development of the coordination of the regional patent system in Europe, this essay analyzed comparably the European patent and Community patent based on explicating the mechanism of harmonization, and offered some suggestions for our nation in establishing the unfitted regional patent system and participating the international harmonization of patent system through illustrating the problem of language and relief discussed hotly in gradual process of coordination in Europe. Although it is a tendency that the establishing of the regional or global patent system broken the regional characteristic absolutely will appear inevitably after a long harmonious course. The global competition will embody the technical competition and the patent competition virtually in the future. To take up the opportunity of future global patent competition ,our country should achieve the unification of national patent system and take part in the negotiation of international patent system actively though enhancing the national patent system.