A Research On The Legal Protection System Of Utility Model In China

Utility model comes into being in order to protect the small inventions which are less technological innovations, but can promote social development. Chinese protection system of utility model was established a litter later, but ,it played a advance role in the social progression the past 25 years. However, there are some problems in its internal structure in the establishment of the early days, now more and more adverse effects are caused by these problems. So reasonable to modify the utility model patent protection system is essential. The discussion of this thesis analysis the utility model protection system, sums up the causes of the problems, and establishing a separated legal to protect utility model, as well as other practicable measures.There are six parts in the whole thesis. The first part, introduce the origin, development and the definition of the utility model in different countries and regions. Utility model protecting system was first introduced in the United Kingdom, but first expressly stipulated in writing in Germany. Then, it briefly elaborates the definition of a utility model in a number of countries and regions. At last, it introduces the significance of the research, and analyses the status quo of domestic and foreign research.In the second part, it elaborates the utility model protecting system in Germany, Japan and Korea including the protection of the object, the protecting period, the application system, review and search reporting system. Then, it compares of the similarities and differences in these three countries of the utility model protection system.The third part focuses on the utility model protecting system of China from the concept of utility model patents and characteristics, and the distinction between invention patents, utility models of legislation, the examination system, the search reporting system.In the forth part, the problems in our current utility model protecting system are extracted from the legislation, the examination system, the search reporting system and the invalidation. And the thesis does a comparative study with Germany, Japan and Korea;In view of the problems which are summed up in the fourth part, the corresponding countermeasures are put forward in the fifth part. There is a innovation in this part. The Solution points out that our country would be to break the status which could subsume inventions, utility models and designs into the patent law. And the thesis suggests that my country should establish a separated legal to protect utility model.The sixth part is a summary of this thesis.