Hearing Principle In Patent Examination

Patent examination is a form of administrative enforcement action, thus the hearing principle is one of the basic principles of patent examination procedures that must be followed, the purpose is to ensure that the objective and just patent examination. In actual patent examination process, there are still many problems, such as the examiner how to master the balance of the hearing principle and the procedural economy principle in patent examination, there is much controversy about the concept and scope of fact, ground and evidence in patent examination, as well as whether the common knowledge evidence is proofed or not.This thesis includes:(1) Introduction,(2) Hearing principle in patent examination,(3) Hearing principle and the procedural economy principle in patent examination,(4) Fact, ground and evidence of the patent examination,(5) Hearing of common knowledge evidence, and (6) Conclusions.The Introduction introduces a background of the topic, purpose and meaning. In hearing principle section, hearing principles in patent examination are introduced briefly. In Hearing principle and the procedural economy principle section, Fact, ground and evidence section, as well as hearing of common knowledge evidence section,(1) Firstly, introducing the inconsistency between the hearing principle and the procedural economy principle, hearing of the fact, ground and evidence, and hearing of the common knowledge evidence in patent examination of china respectively,(2) Secondly, analyzing the relating things in Europe, the U.S. and Japan on the three problems. In conclusion section, providing some of the ideas and suggestions about the balance between the hearing principle and procedure economy principle in the patent examination, about the scope of the ground and evidence, as well as about the hearing of the common knowledge by combining the status of the patent examination and learning the relating thing in Europe, the U.S. and Japan on the three problems.