Patent Repeat Authorization Study

Monopolization is native and most important character of patent rights, To insure the patent rights are monopolized,when a plurality of applications for any identical inventions-creations are submitted,it will be insured that only one patent fight shall be granted.This is "non-double-patenting principle" of the Patent Law.In the Implementing Regulations of the Patent Law,"one-invention-one-patent principle",i.e. "for any identical invention-creation,only one patent right shall be granted" is a clear provision,and it's fundamental embodiment of "non-double-patenting principle".The law proclaims in writing that the repeating-grants of identical inventions-creations for different applicants are forbidden,but it doesn't proclaims in writing that time-after-time-grants of identical inventions-creations for same applicants are forbidden,instead, this will be selectively allowed.This is a "policy selection" of our government depending on the real states of economy and science and technology of our country.For preventing double-patenting therein,it's allowed that the applicant selects only one of the rights,so the co-existences of two rights relating to identical invention-creation at the same time will be avoided.This paper expatiates the meanings of said article by analyzing a representative case relating "non-double-patenting principle" named "high-efficiency power-saving two-level-fire-bars negative-combustion boiler",and figures that "identical invention-creation" means the same technical solutions,"only one patent right shall be granted" means for an identical invention-creation,no more than one effective patent fight shall be allowed to co-exist at the same time.The paper includes three parts:the Foreword,the Text and the Conclusion.The Foreword mainly introduces what the paper derives from and the researching methods of the subject.The Text is divided into six chapters.Chapterâ… "Putting forward the problem" simply introduces the details of the case relating "non-double-patenting principle" named "high-efficiency power-saving two-level-fire-bars negative-combustion boiler",and at the same time,puts forward the comprehension problems of the said principle deriving from the said case.Chapterâ…¡"Patent Rights and Double-Patenting" mainly introduces the basic concepts,the basic character,and the object of Patent Rights,also the relationship between they and double-patenting.Chapterâ…¢"Summarization of non-double-patenting principle" mainly expatiates the basic meanings and essentiality of the non-double-patenting principle,and analyses the law framework about double-patenting in actual Patent Law.Chapterâ…£"Aspects of 'identical invention-creation'" explains in detail in accordance with the representative case that how to grasp the meanings of "identical invention-creation" in "one-invention-one-patent" principle and how to determine whether two applications are "identical invention-creation". Chapterâ…¤"Aspects of 'only one patent right shall be granted'" explains in detail in accordance with the representative case that how to grasp the meanings of "only one patent right shall be granted",and commentates the rationality of relay-type applicants,and discusses related rules in the Patent Guidelines.Chapterâ…¥"The suggestion of improving legislations and judicatories about our country's double-patenting" mainly makes some suggestions of legislations and judicatories about double-patenting under present conditions and imagines the future of the law framework.At last the Conclusion summarizes the results of before-mentioned chapters.