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Study On The Rules Of Amendment To Claims In Patent Invalidation Procedure

Posted on:2016-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:H L DongFull Text:PDF
GTID:2296330479488044Subject:Law
Abstract/Summary:PDF Full Text Request
Claim is the core of the patent system, in the patent system, the name of the game is claim. Claim has two functions, on the one hand, it can determine the scope of the patent protection, on the other hand, it also can announce to the public. In order to protect the general public interest, the scope of the patent protection must be known to the public. Thus, as to define the scope of the patent protection, the content of a claim should be clear and brief.But due to all kinds of objective factors, such as the limitations of the inventor and the agent on the technology, the differences of expression, the ability of drafting patent documents, the scope of a claim is always too broad or the expression is not accurate enough, in order to overcome such defects to improve the quality of patent documents, to facilitate the public understand and use the inventions, the patent law of our country allow the patent applicant to amend their documents, in both patent application procedure and patent invalidation procedure. As to the object of the amendment in the patent invalidation procedure is an authorized patent, it involves how to define a fair scale to balance the interests between the patentee and the public, so it is necessary to do research on the rules of amendments to claims in patent invalidation procedure.In this thesis, the problem existed in the rules of amendment to claims in patent invalidation procedure is analyzed with the help of some typical cases, meanwhile do comparative studies with Europe, America and Japan. Finally, on the basis of case analysis and comparative studies, the author also puts forward some suggestions about the rules of amendment to claims in patent invalidation procedure, with the hope of improving our current patent system to protect the legitimate rights of the patentees, to promote the development of society.The text part is divided into four chapters in this thesis.In the first chapter, the general description of the rules of amendment to claims in patent invalidation procedure is introduced. Because only on the basis of full understanding of the amendments to claims, we can better analyze the problem existed in the rules of amendment to claims in patent invalidation procedure.In the second chapter, the problem existed in the current legal provisions is analyzed with the help of some typical cases. Theoretical knowledge is to serve practice, only with practice can we analyze the shortage of the theory. So with the help of some typical cases, the author analyze the problem existed in the current rule from the angles of “the examination of the principle of amendment to claims, the judgement of the concrete form, the treatment of the text error in the claim”.In the third chapter, the rules of amendment to claims of post grant in other countries are introduced. Europe, America and Japan are the intellectual property developed countries or regions, “stone, jade can attack”, the reference of foreign patent system is an important propeller of our country. In order to solve the problems described previously, it is necessary to investigate all the world, especially the intellectual property developed countries.In the fourth chapter, some suggestions to improve the rules of amendment to claims in patent invalidation procedure are provided. Based on the previous chapters and judicial practice, the author puts forward some legislative suggestions with the hope of improving the patent management lever of our country, so as to balance the interests between the patentee and the public.In the conclusion part, the author makes a review of the whole thesis.
Keywords/Search Tags:Patent, Patent invalidation procedure, Claim, Rules of amendment, Scope of patent protection
PDF Full Text Request
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