The Research Of Bolar Exception

Patent right is a kind of exclusive right. The objective of patent right is encouraging people to innovate and promoting social progress. The patentee get country's protection to their innovation through opening the contents of the invention to the public. But as economic development and social progress, it is found that extreme exclusive right leads to monopoly, which is inconsistent with the objective of patent right. And then "limited exceptions" are appeared in patent system. Bolar exception is one of this kinds of "limited exception". The china's new revised patent law introduced in bolar exception. It is a good new for our imitation drug companies.However, the process of applying the principle may encounter many problems. For example, the applicable time limited, applicable scope, related supporting system and so on, which are all need deeply study. This paper do some research and analysis of these issues through comparing the approaches of different countries in applying this principle and considering the specific situation in China. The object of this paper is giving aid to the applying the bolar exception and promote it become perfection, and make it serve better to our economic construction.The paper is consisted of four parts:In the first part, it introduces some basic concepts, discusses the relationship between drugs and their patent protection and the importance of the patent protection for the pharmaceutical industry. And analyzed the opportunities for the development of pharmaceutical enterprises after the introduction of bolar exception.The second part discusses the origin and development process of bolar exception through a number of classic cases and the situations in major countries and regions about the bolar exception.The third part discusses the situation in China about bolar exception, and through introduces a influential cases to explain the importance and urgency for China to introduces the bolar exception. And then discuss the problems we may encounter in the process of applying bolar exception.The fourth part discusses the related supporting system of the bolar exception, which includes patent term extension and patent linkage. The aid of this is part is helping bolar exception to form a complete system and make it can serve us better.