Further Study On The System Of Prohibition Of Double Patenting

The Principle of Prohibition of Double Patenting, originating from theexclusiveness of the patent right, functions as a basic principle of the Patent Law invarious countries and has great significance in realizing the goal of the patent system.The Principle, clearly defined in Article9of the Patent Law which has been recentlyamended, refers to that only one patent right shall be granted for any identicalinvention-creation.In order to realize the Principle of Prohibition of Double Patenting, the System ofProhibition of Double Patenting is established. The improvement of such System hassignificant impact on the implementation of such Principle. The System of Prohibitionof Double Patenting has been developing amid twists and turns under variety ofdisputes, yet there still exist some deficiencies in the System after the third amendmentof the Patent Law. On the basis of research on the Principle and System of Prohibitionof Double Patenting, this thesis will thoroughly analyze the System in China and findout the deficiencies, and try to put forward how to perfect the System under the nationalsituations of China through comparison on and reference to the same system in USA.This thesis is divided into four parts apart from the Introduction and theConclusion:Part I is a bird’s eye view of the System of Prohibition of Double Patenting. ThisPart begins with the introduction of the meaning and value of the Principle of Prohibition of Double Patenting and discusses the theoretical basis and objective of theSystem of Prohibition of Double Patenting. Then taking the Patent Law of PRC forexample, several situations possibly leading to double patenting under patent system ofChina are discussed. Following the aforesaid discussion, this Part discusses the impactof the third amendment of the Patent Law to the System of Prohibition of DoublePatenting and its basic framework.Part II introduces and analyzes the status and deficiencies of the existing Systemof Prohibition of Double Patenting in China. This Part starts with the introduction of thelegislative and judicial development of prohibiting double patenting in China andpreliminarily introduces the development and consequences of the System upon theintroduction of “Shu Xuezhang” Case, a significant case regarding the prohibition ofDouble Patenting in China. Next this Part indicates the status of the System in Chinathrough the analysis of the sub-systems of Prohibiting Double Patenting in detail.Finally on the basis of the analysis above, this Part summarizes the deficiencies andshortages of the existing System in China and points out how to perfect the System.Part III introduces the System of Prohibition of Double Patenting in USA. USA, acountry having the most developed patent system across the world, has accumulated alot of legislative and judicial experience during the development of the System ofProhibition of Double Patenting. This Part focuses on solution in USA to the problemsin the System of Prohibition of Double Patenting in China, such as the test of “identicalinvention-creation” and summarizes some experience worth being adopting by Chinabased on the comparison of the differences between the System in USA and China.Part IV addresses the conception of how to perfect the System of Prohibition ofDouble Patenting in China. This Part first puts forward how to make up for thedeficiencies of the System in China, and then points out how to improve and developthe whole framework of the System in accordance with the different extent and natureof deficiencies.