Utility Model System To Study

In the past twenty years, Chinese Utility Model have acquired great advancement, in the same time have it exposed much problem also. The purpose of the thesis is by comparing and researching between foreign Utility Model and Chinese Utility Model to find out the main problem which exist in Chinese Utility Model and provide some reasonable suggestions which are helpful for developing and perfecting of Chniese Utility Model.The total frame of the thesis is made up of three parts, including introduction, text and conclusion.The introduction mainly explains the purpose , conceiving , method and acquired fruit of the thesis. It also sets forth its value of theory and practical meaning.The text comprises four parts. Individually expatiated in the following contents: The first part: summarizing of Utility Model. It expatiates the origin, characters, status and roles of Utility ModelThe second part: Comparing and evaluating between foreign and Chinese Utility Model. Individually introducing and evaluating legislative modes ,the development of protected objects, the kinds of examination system and serch report system of foreign and Chinese Utility Model.The third part: The problem and disfigurement of Chniese Utility Model. Through the aforementioned introduction and estimate, pointing out The main problem and disfigurement of Chniese Utility Model.The fourth part: legal consideration of perfecting Chinese Utility Model. On the basis of aforementioned three parts gives it perfecting advice to Chinese Utility Model.The conclusions of the thesis including the following contents: 1, for our own country, the chance of solely legislating for Utility Model have maturated. We should actively prepare for solely legislating for Utility Model;2, The scope of protected objects of Utility Model should be carefully enlarged, its blindly enlargement doesn't adapt to our country' s situation and the level of science and technology;3 , Preliminary examination plus search report system fits for our country' s situation, therefore it shouldn't be changed greatly;4, The suggestions of search report systme include :(1)Theapplicant for search report being extended to anybody;(2)establishing the announcing inquiring and copying system of requesting of search report and the content of search report;(3)applying time of applicant and patentee of Utility Model patent right being modified to the time of bringing forward application or the time of registered and announced of patent right. While allowing anybody else to requesting search report after patent right having been registered and announced;(4)In the law definitely prescribing that if the patentee didn't bring forth the search report which can prove his patent right is valid, he couldn' t put forward tortious lawsuit;Seting up accelerated judgement for invalidation procedure involved tortious lawsuit of Utility Model patent right.The thesis mainly uses history analysis method, law demonstration alalysis method > comparing method, and so on.