Study On Temporary Protection Of Application For A Patent For Invention

“Early publication, delayed review" System is used in China for application for patent forinvention. An invention patent after a preliminary review if it complies with the relevantprovisions of the patent law, according to the provisions of the patent law, shall be publishedwhen it meets a certain amount of time from the date of filing. The Patent AdministrationDepartment under the State Council can also give the patent an early release a based on theapplicant’s request. Publication is essential to substantial examination of an invention patent.The time and effort each required to review a case varies. In General, the review time is2-3years on average. Once the an invention patent application is published, the third one is likelyto know and understand the content of an invention via Internet or Patent Gazette, thus he canmake use of the technological achievements for free. This is extremely unfair for inventionapplicants, so the provisions of the patent law of the13th are made. The article means to givesome protection to the inventor in his invention after publication of his application and beforethe patent is authorized. This protection for invention applicants is called ‘temporaryprotection’.But the provisions of article13of the law were too broad, and its operability is notstrong. And judge has broad discretion in the face of such problems, which is not conducive togenuine protection of the invention patent. For this reason, this paper used method ofcombining theoretical analysis and case studies, and fully explained the temporary protectionsystem in four sections:Section1: case and its controversial focus. The case is Ningguo city MingguangElectromechanical Devices Corporation vs. Shegensheng’s on royalties of invention patentprotection period.The focuses are: First, charged products manufactured by Mingguangcompany and Shegensheng’s patents involved are the same or equivalent or not;Second, theShegensheng modified the involved part of the claims in the patent application, according tothe National Intellectual Property Office, which makes authorized text is inconsistencies withthe original text. Thus the focus is which one should prevail.Third, how the amount should becalculated on the payment of royalties.Section2: legal analysis on the invention patent application of temporary protection. Thissection analyzed the concept and function of balance of interests, and the third person’sconduct during temporary protection period to elaborate the legal basis.Section3: conditions of temporary of protection application.There are four parts in this section: application time, protection scope, inventors’ warnings and notification to technology users and reliefs.Section4: Perfection of invention patents seeking protection in our country. There are twoparts in this section: the scope of contemporary protection of invention and how should coverthe cost of the third person’s technology during such period.