Patent Repeat Authorization

Double patenting means two or more invention-creations that consist of the sameor equal technical features respectively filed for an application for a patent andrepeatedly granted patent rights. Double patenting not only conflicts with the exclusiveattribute of the patent right, but also infracts the bargain between the government andpatentee. Therefore, for any identical invention-creation, only one patent right shall begranted.The thesis titled "A Study on double patenting" stands on the patent law of China.In the first, sets forth the significance of the study on double patenting, then introducessuch questions as the concept, nature, characteristic of patent and double patenting, andtried to analyze the cause of double patenting, with a view to providing legislativethinking. The thesis deals mainly in four sections:The first section sets forth the significance of the study on double patenting. It isan essential principle that no double patenting is permitted in patent law system. But atpresent, there are so many different opinions that system research must be done.The second section relates to legal questions about double patenting, such as theexclusive attribute of the patent right, the scope of patent protection, identicalinvention-creation, and the principle of preventing the patent right from being grantedrepeatedly. This section introduces the concept, nature of the patent and theories thereof,discusses reasonableness of the exclusive attribute of the patent right. The extent ofprotection of the patent right shall be determined by the terms of the claims. When making ajudgment, a comparison shall be made between the contents of the claims of the twoapplications or patents for invention or utility model. The description and the appendeddrawings may be used to interpret the claims. The principle of preventing the patent rightfrom being granted repeatedly just embodies the exclusive attribute of the patent right. Thethesis considers that as long as identical invention-creation is granted repeatedly to two ormore patent rights, it shall be regarded as double patenting.The third section focus on the double patenting phenomena and legislative fact inChina. This section introduces a practical invalidation case, and analyses thephenomena that patent rights of invention and utility model are granted repeatedly to thesame applicant on one invention-creation. Also studies in legislation and practice ofChinese patent law.The fourth section discusses countermeasures against double patenting of Chinesepatent rights. In first this section introduces the legislation and practice of Japanese andGerman patent law. Then presents domestic priority institution. By the domestic priorityinstitution, an application for a patent for invention may be changed to an applicationfor a patent for utility model, and, contrariwise, an application for a patent for utilitymodel may be changed to an application for a patent for invention. The thesis presentsthree ountermeasures. The first one is a patent application, from the date of itspublication, provisionally conferring upon the applicant such protection just as it hasbeen granted. The second one is adopting registration system to utility model. The thirdone is just amending "Guidelines for Examination" so as to make it more consistent.