Study Of The Legal System Of National Defense Patent

Today, almost all countries in the world without exception address patent application concerning inventions involving national security interest with confidential treatment. But in patent applications and authorization, the practice of states is not the same. Some countries address these technical inventions with confidential measures, but no patent is authorized. Some, including China, authorize Secrecy Patent (Defense Patent). China's National Defense Patent legal system was established under the planned economic system of more than 20 years ago. As the socialist legal system and the market economic system continuously improved, China's National Defense Patent legal system itself has shown obvious deficiencies with the main features: obscurity of legislation on the ownership of the National Defense Right, the state's over-interference with the use of the right by the patentee, imperfection of the compensation system and judicial protection to the interests of National Defense Patentee. These problems have led to conflict among interests of the nation, research unit and the inventor, which, consequently, causes national defense patent system could not function effectively.Based on an in-depth analysis of relevant legal system of several countries as well as of China's current National Defense Patent legal system, and on the use of the basic theory of intellectual property, this thesis summarizes the basic theory of National Defense Patent Right and, by consulting the experience of the management, compensation and judicial relief of National Defense Patent regulated in relevant foreign legal systems, extracts and analyzes major problems existing in china's National Defense Patent legal system, and finally puts forward some suggestions to improve the legal system of china's National Defense Patent.The originality of this paper lies in that it summarizes National Defense Patent Right theory and, on its basis and by comparing the experience drawn from both at home and abroad, addresses problems concerning the ownership;judicial relief and compensation of National Defense Patent right. Besides, it puts forward explicit suggestions of how to improve National Defense Patent Right system.