Patent Stability Of Study

Patent system is the most important part among intellectual property right With the formation and development of patent system, the issue of the stability of patent right can not be ignored. As we know, the aim of patent system is to protect the real inventor, to promote the development of economy and trade, to promote the progress of science and technology. But in practice, on one hand, certain patent right is wrongfully granted to the person who is not entitled, or some program which is not entitled is wrongfully granted with patent, on the other hand, some patent right which has real value is faced with a lot of lawsuit because of the requirements for patent system. It is a great headache, because the patent right is instable for a longtime, and the patent right holder cannot exercise his lawful right normally.So, it is not consistent with the aim of the establishment of patent system, and it will be a great obstacle to the development of patent system, to the progress of science and technology and the development of social and economy. In this sense, the profound research on the stability of the patent right is of great theoretical and realistic significance. The author writes his paper in the logical sequence of problem-posing, problem-analysis and problem solving. That is to say, the author first poses the problem of the stability of patent right, then analyzes the substantial and procedural factors affecting the stability of the patent right, and finally offers his reasonable advice on increasing the stability of patent rightThe first part is a general introduction of stability of patent right. Based on the definition of stability, the author puts forward the concept of the stability of patent right, and then conducts an expound analysis on the theoretical and practical background of this concept. This part defines the object of the research in this paper, and serves as the basis of the following parts.The second part deals with the substantial factors affecting the stability of patent right. The author analyses the basic requirements for patent granting. This part attaches great importance to the analysis on prior technology and conflicting applications. The author wants to emphasize that the substantial factor affecting the stability of patent is that the technologic program embodied in the patent can...