The Novelty Grace Period System And Improvement

Novelty grace period system, as an exception of existing technology refers to is in judging whether the invention has a novelty from time to time to give the invention caused due to special circumstances of the applicant, the public must be immune period, the applicant within the grace period put forward an application for a patent for his invention will not be considered lost their novelty. Our novelty grace period system USES a special grace period system, only for 6 months from application has exhibited for the first time, published for the first time, and others against the applicant will reveal that the content of the three special circumstances caused by the public to give grace period to protect.In 2001 put forward by the world intellectual property organization "the entity of the patent law about" in the first draft on the provisions of the novelty grace period using the generalized grace period is 12 months and the standard of absolute novelty, with the rules of novelty grace period system in China has a very big difference.The draft represents a global system of the novelty of grace period in the process of the integration of the new trend of international coordination, the administrative department for patent in our country and the inventor should be how to deal with this, how to grasp the opportunity to apply for a patent, and whether it should be made to the patent law in our country the corresponding modification, this is all we need to make in-depth research of the problem.This article through understanding the origin and background of novelty grace period system, determine the research significance of novelty grace period and in the process of novelty judgment value.Then through a lot of reading literature, this paper introduces the our country and in some representative countries and regions in the world of novelty grace period system, the relevant provisions of the regulations for countries in the world about novelty grace period system has carried on the induction, the main types and development trend of the international system of novelty grace period to compare the summary.Mainly includes:(1) the United States for the regulation of novelty grace period system and recent changes.(2) The novelty grace period of system and its recent changes.(3) The provisions of the European patent convention on novelty grace period and development.(4) China’s system of novelty grace period,there have many problems when the enterprises and the inventor applying the system of novelty grance period.Through the above research, the development trend of world novelty grace period system was discussed, as well as the changes of our country system of the novelty of grace period puts forward several opinions.Mainly includes:(1) to protect the scope changes, mainly refers to the increase in the process of invention test or assessment may be caused by the public.(2)Modify the protection period of grace period system, 6 months will be of special grace period to 12 months of generalized grace period. For Chinese enterprises and the inventor to use the existing provisions of the patent law on novelty grace period to protect our invention is to provide advice and reference.