The Right To Apply For A Patent Research

It is widely considered that every invention shall be able to be patented spontaneously in the field of theory and law.The thesis will study the droit of patent application through its signification, origin, characateristics, features, contents, transfer, inpawning, investment, protecting and legislative suggestions.The droit of patent application is one of the stated in the laws of patent and contract. It's expected to promote and protect a confidential technical invention to be transformed to public and patented. It is actually a bridge connecting the privacy and patent. The legal act of the droit of patent application includes the invention, which is the premise, and thecertification of the relative governmental organization, which is the necessary procedure. An invention will firstly be legally applied then patented. The droit of patent application is a new and complex droit which combines the droits of eminent domaining, forming , applying and demurring. Compared with the droits of patent and technical secret, the droit of patent application is featured with its monopolization, temporality, regionality and separability.The droit of patent application comes into being when an invention is appied and accepted to the governmental organization, and terminates when the following factors occur: 1. The proposer cancels the application voluntarily; 2. The application is deemed as cancelled; 3.Thegovernmental organization rejects the application; 4. The invention has already been patented.The contents of the droit widely includes the droits of empowering, cancelling, application for censoring, stating and modifying, priority, requesting for temporary protection, requesting for reexamining and suing, property e.t.c.Priority is a probable and inseparable droit of patent application. It should be synchronously transfered when the droit of patent application being transferred.The principle of the transferring of the droit of patent application is autonomy of the parties. The droit of patent application as an inpawningobject is legal and doable. Legally, the registered capital of an enterprise is required to be a fixed assets with certain evaluation. Therefore, the droit of patent application is not allowed to be used to buy a share or invest since its instability.