The Research On The Joint Patent

The so-called joint patent refers to two or more of the civil subjects share patented invention together.With the rapid development of modern science and technology, "ownership" in the technical field of science and technology is becoming more frequently, patents and other intellectual rights has become one of the objects of the joint ownership. China's joint ownership of the total system which is the basic issues of the real right system has been developed more perfect and more mature, but there is no system provisions of the joint patent in China's current Patent Law, so in the current judicial practices, the deal with the issues related to the patent is always applied to the provisions of joint ownership as a solution, which is not only be not conducive to the reasonable protection of the patent owners, but also not conductive to bring the utility of the joint patent technology into full play. The patent which as a incorporeal right has different characteristics with the ownership, which means that the institution of the joint patent should be consistent with its own characteristics and not directly applied the rules and the theory of the joint ownership. Therefore, compare the joint patent and the joint ownership and establishing a total system of joint patent to its own characteristics will be mainly discussed in this paper.The paper studied from five aspects: introduction, joint patent Overview,the defect of the joint patent provisions in China's Patent Law, Comparative Analysis of joint Patent and the legislation of the joint patent. The first chapter of this article summarized the background and the research status of the thesis. The second chapter defined the connotation and formation of the joint patent, and then analyzed application principles. The third chapter first defined the joint ownership, analyzed the essential difference between joint patent and joint ownership in object, character and value orientation, and then discussed the defect of using the rules of joint ownership into the joint patent, which is in order to provide a theoretical basis to the establish of the joint patent. The forth chapter introduced foreign related legislation of joint patent, and then analyzed which we should learn from it on the basis of comparative analysis. The last chapter systematically analyzed the Legistrative Perfection from sides of the internal relationship and external relationship of the joint patent, pointed put that the exploitation of joint patent do not have to share the benefits; pointed out that the co-owner can give out general license of the joint patent without the consensus of all the co-owner, and do not have to share the benefits; the co-owner have right to transfer, give up and pledgor the joint patent in his own share; the co-owner have right to maintain the joint patent and exclude the infringing acts.