The Patent Administrative Confirmation

The Right of patent is authorized by the certain department of government to the applicant so that only he himself can use it in a time. Without his acceptance, no one else can make use of it. It is an intellectual property and transparent, originated from the process and result of mental creation. Time, regionalism and exculsim are the three qualities of it. The Administrative confirmation refers to the administrative authority and legally authorized organization judge events, legal relationship, right, qualifications and legal position according to legal procedure and within the authority provided by relevant laws. Through the determination, recognition, proof, at last it will determine and manage relative person and his specific legal status. It also have four specific characteristics. There is a certain standard and a certain application steps to get the grant of patent. In addition, the administrative confirmation of patent requires a certain material foundation, such as high level of review team and certain material examination, besides, it also needs to have specific theoretical basis. In recent years, at home and abroad, the compete of patent is going more and more d more fierce, and administrative confirmation for the protection of patent right plays a very significant meaning. It not only can help administrative management to be more scientific and effective, but also can provide other court or special patent court trial activities objective and accurate information, and it also can effectively maintain the legal rights of individuals or organizations, or resolve and prevent most kinds of disputes about the patent right. Just because of the importance of the right of patent, that many enterprises and the organizations urge the government to establish a perfect administrative confirmation mechanism. But the fact now is this mechanism in China is still not perfect, there is plenty of room for improvement.