The Regulation Of The Abuse Of Patent Right

The patent protection consciousness is strengthened gradually with the economic development in china, then the phenomenon of the patent abuse is becoming prominent. However, the research and legislation on patent abuse in China is still far from perfection, so this paper is about research on the current laws and regulations on patent abuse and offer some proposals on the legislation in this area. This paper is divided into four chapters to discuss the issues.The first part is about the meaning and the legal elements of the patent. So we can definite the conduct of the patent abuse clearly. The subject of patent abuse is the patentee. The subjective aspect of the patent abuse is intentional misconduct. The patentee has effective patent and the use of the patent beyond the proper boundaries is the objective aspects. The object of the patent abuse is the right to use the technology of the public and the normal economic order.The second part is about the types of the patent abuse. It can be divided into positive abuse and passive abuse. It also can be divided into violate the private law and the social law. According to the patent granted process, it can be divided into patent application abuse and patent implementation abuse.The third part is about the current legal system to regulate the patent abuse. In this part, I analyze the international treaties, foreign laws, current laws in Taiwan and exemplify the principle and provision of the current laws in Mainland of China, then find the advantage of each law.The fourth part is about the comments of the current laws and regulations about patent abuse in China with the method of comparison and find the defects yet to be perfect and offer some advices to our legislation.By analyzing the objective aspects of the patent abuse, compared with current legislation of international treaties, foreign countries and Taiwan, offering some proposals to perfect our legislation in limiting the patent abuse.