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The Compare Of The Procedure For The Confirmation Of Patent Design In Japan And China

Posted on:2015-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:S LvFull Text:PDF
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Design patents is a very important type of objects of intellectual propertyprotection, design patents in enhancing the value of goods plays an important role inour country.It is an important factor in economic development and social enterprises.But at present, the right to confirm the design patent licensing procedures andineffective procedures can not effectively protect the rights of the design patent holder,and caused a huge waste of administrative, judicial and social resources. In thiscontext, the need to be perfect for our design patent is indeed the right program toplay a more important role in promoting China’s economic development.Japan as a design patents powerhouse, the design patent protection for historycan be traced back a hundred years ago.From the beginning of Japan’s design protection particularly stressed the need toreview the substance of the authorization process in order to ensure the quality of thedesign was awarded. This is the authorization procedure in the design of the mostsignificant differences between China and Japan. Improve the stability of thesubstantive examination of a design patent, but inevitably extended the review time.In order to maintain this program in Japan, while saving time of authorization,electronic information, review paperless examination room fully mechanized advance,to ensure the quality of design patents,while it’s difficult to avoid an increase in theother aspects of the technology, requirements and burdens.The design patent invalid don’t have largely difference between China and Japan,our implementation is two trial system, the implementation is three-tiered System inJapan, compared to the program instead of the ineffective long. Court to review thedecision of the two countries have no right to commute, are easy to fall into the cycleof “recycling suit”. Meanwhile, the status of China’s Patent Reexamination Board inineffective programs is not clear, the judicial review to the status of the defendant’sappearance, resulting in a waste of administrative resources.Design patents from China and Japan do the right procedure, you can draw thefollowing revelation: to introduce substantive part of the design review process in theauthorization process; ineffective programs to improve the efficiency of the programshould proceed to reduce the ineffective trial level; give the court design patent rightscommuted validity; clear the position Patent Reexamination Board, to avoid making ita design patent invalid for judicial review of the defendant.
Keywords/Search Tags:the confirmation procedure in China and Japan, authorization procedureof design patent, design patent invalidation procedure
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