On The Limit System Of The Patent System And Its Technological Development

This paper researches the patent restrictive system and its function about the development of science and technology through four parts. The first mainly discusses the concept, the logic structure and the bases of the patent restrictive system. The bases are maintaining right order and balancing benefits of all right subjects. The second part discusses the aim of patent restrictive system: promoting innovation and popularization of science and technology. This includes realizing and protecting rights, ensuring right subject to take on important social duties, protecting and encouraging invention, boosting progress and innovation of science and technology, quickening popularization and application of invention, and enhancing the level of science and technology of the whole society. The third part mainly analyses the means of patent restrictive system to promote the development of science and technology. One is by restricting patent right subjects, including defining and dividing inventor, patent proposer and patentee. The next is by restricting patent right objects, including affirming and confining patent right objects. The third is by restricting the contents of patent rights, including defining patentee' rights and duties and reasonable restriction to prevent rights abuse .The last part is mainly about perfecting the patent restrictive system and promoting the development of science and technology. It includes reviewing the actualities of the patent restrictive system and putting forward some relevant countermeasures. The paper concludes that the patent restrictive system protects technology fruits and prevents rights abuse at the same time. Too more or too less restrictions will obstruct the development of science and technology, so it is very important that we control the degree of restriction in reason.