Research On Patent And Related Rights Recovery System

Patent law legislative purpose is to protect the interests of patentees，encouraginginventions and creations, promote the application of inventions and creations, improvethe ability of innovation，promote scientific and technological progress and economicand social development. Restoration of right reflects the patent law legislative tenet, itsessence is a kind of administrative remedy. In case the applicant (or the patentee) lossthe right, he can take the relief way to recovery the lost right. Restoration of right is themost important and the most convenient way of relief, so it’s necessary to summarizeand perfect the restoration rules of china.In this paper, the applicable conditions of the restoration rules, the restorationreasons, the time limit and rectification for formalities of restoration are the researchobjects. Firstly, based on analysis of the restoration of rights in our country, I summedup and analyzed over the years of the restoration of the right clause in our country, andthen focus on the analysis of the restoration reasons, using comparative research methodto the domestic and foreign related laws or regulations in the restoration reasons, usingcase analysis approach to" force majeure ", put forward the basic principle of " forcemajeure ", and suggest clearing the proof standard; Then this paper analyzed thedomestic and foreign related laws or regulations in the time limit, various conditions torectification for formalities were discussed in the following chapters. In summary on thebasis of the analysis in this paper, hoping to give our restoration rules more favorableenlightenment, hoping to protect the interests of patentees better through the restorationrules. Faster prompted China to patent power change, better promoted the progress ofthe human society by the Patent Law.