Construction Of The Patent Prosecution Highway System And Countermeasures In China

Currently, the system-building and practical cooperation of Patent Prosecution "Highway" among the major developed countries, has played a role in sharing patent examination resources, avoiding wasteful duplicating effort, speeding up the review procedures, authorizing patent with high quality and low cost. It also provides a convenient unified international cooperation platform and improves the international patent examination efficiency. However, the current system has brought some institutional flaw. How to transform inferiority into superiority is a hot topic in the patent examination system reform.Firstly, by studying the protocol, programs and the status of cooperation of the Patent Prosecution Highway cooperation projects which agreed by the United States, Japan, Europe and other countries, we analyze the advantages and disadvantages of the system and predict the development trend. Secondly, we analyze the reasonableness of establishing the system and its goals by jurisprudential analysis and law-economic analysis. Thirdly, comparing the Patent Prosecution Highway System with the Patent Cooperation Treaty, we clarify the differences and similarities in the respective significance, the role and procedures, and then point out the convergence basis and guarantee conditions. Finally, we compare three typical shared mode of Patent Prosecution Highway System in method, efficiency and procedures. Combined with the actual situation of Patent Prosecution in China, we analyze the meaning and feasibility of participation, and reveal the theoretical and practical basis of China's participating, which would improve the patent Prosecution system. Therefore, we propose the corresponding convergence model, countermeasures and suggestions to promote the construction of the Patent Prosecution system in China.