A Study On The Protection Of An Invention Patent For The Manufacturing Method Of A New Product

As the demand of the economic transition and the introduction of IP protectionpolicies, the patent law system of our country has much developed than before. Butthere are still lots of controversy in the Application of patent law, especially in theprotection of an invention patent for the manufacturing method of a new product. Thepatent judicial interpretation of2009cannot solve the deeper issues that call forresearch and clarification. This paper is based on the research of this system, with theconsideration in the judicial practice in foreign countries, makes some improvedadvice for the protection of an invention patent for the manufacturing method of anew product.Excluding the foreword and conclusion, there are three chapters in this article:Chapter1: To introduce the protection system of the invention patent for themanufacturing method of a new product and reveal the theory bases.Chapter2: To analyze problems in the protection system of the invention patentfor the manufacturing method of a new product in our country, including theallocation of the burden of proof in method patent litigation and the extendedprotection for process patent. The key problem in system of the extended protectionfor process patent is the narrow definition of the spectrum of the extended protection. And there are four main problems in the allocation of the burden of proof in methodpatent litigation. The first problem is the difficulties in the definition of “the newproduct” and “the same product”. The second problem is that the protection systemmay offend business secret. The third one is the deficiency of proper limitation periodfor the right. And the fourth problem is that judicial expertise of intellectual propertyin our county can’t fulfill the demands.Chapter3: With the introduction of the judicial practice in foreign country, put onimproved proposals for our countries legal system. To improve the system of theextended protection for process patent, we need to broaden the definition of thespectrum of the extended protection. And the allocation of the burden of proof inmethod patent litigation should be improved in three specific ways. Firstly, introducea new plan for the judgment of the allocation of the burden of proof system. Secondly,set proper limitation period for the allocation of the burden in method patent litigation.Thirdly, complete the judicial expertise system of intellectual property in our county.