Patent Apposition Subjunctive Research

Patent apposition system, an item in the field of patent right system, is a rule that promotes the development of new technology, guarantees the rights of the patentee and patent apposition people working in its field. As an independent system, patent apposition is different in adjusted contents and methods from other legal rights. Patent apposition, which works in its field, emerges on the basis of improvement and innovation for patent. The behavior of patent apposition, as a positive impetus, makes wealth growth through the whole society. In order to promote the development of technology, improvement to others’patent is permitted by law. However, one cannot therefore enjoy benefits brought by the patent. So patent apposition system appears to give patent apposition people or the patentee the right to protect themselves because of promoting technical progress and obtaining material benefit, which specifies that they require the other side make a compensation for the benefit due to use of the patent or the patent apposition. This paper starts from the patent apposition behavior, through comparative analysis with the characteristics of property rights apposition, patent apposition ones are extracted, on which full text is discussed. This paper is divided into four parts except the introduction:apposition effect theory, comparative analysis between patent apposition and other rights of claim, right attributes of patent apposition and construction of patent apposition system.In the first part, on the basis of apposition value, and then through analysis about apposition of the property rights effect theory, obligatory rights effect theory and comparison with apposition, the characteristics of patent apposition are put forward. Patent apposition is a special case of apposition system, possessing characteristics arousing by the patent itself besides basic ones. In the second part, according to the characteristics of patent apposition, comparisons with property rights of claim, tort claim, default claim and claim for returning unjustified enrichment are made. Through analysis on the relationship and difference of patent apposition and these rights, a conclusion comes that patent apposition is an independent piece of right different from other claims, which has its own adjusted content and direction and cannot be replaced by other rights.The third part mainly discusses the legitimacy of patent apposition and what it has to perform. Patent apposition gives the patentee or the patent apposition people the right when their technologies are used by others, which makes material as exercise object. Therefore, patent apposition is a property right of claim.The fourth part mainly discusses the current legislation situation of patent apposition and its importance in our country. Although there is no special apposition system, yet no relevant law, it’s necessary to establish patent apposition legal system from the perspective of its social value as well as its behavior norms. For this reason, some suggestions are raised, expecting establishment of patent apposition legal system in our country.Patent is an important factor for social development and it’s very important to protect the patent and the patent apposition people. A set of complete patent apposition system, once established, can guarantee the rights of the patentee and the patent apposition people, inspire more persons with their innovation power towards science and technology so that social science and technology develop forward, with the whole wealth of society accumulated at the extreme and the needs of society and individuals met. Therefore, it’s indispensable to establish the patent apposition system.