Research On Patent Laches And Its Legal Regulation

Compared with the long history of the protection of intellectual property in western countries, the legislation and judicial protection of intellectual property which just emerged in recent decades in our country still have insufficiencies in many ways. During the process of legislation and judicial protection, our country can learn much good experience from the insufficiencies. At present, all levels of governments and the legislature branch, even including the judicial departments, are vigorously promoting the protection of intellectual property, propagating the idea of intellectual property protection, in order to build an innovative society by creating a good atmosphere. Admittedly, strengthen the protection of intellectual property can promoting the development of economy, helping to build an innovative society, providing the impetus for economic structural reforms, and also contribute to economic development from a long-term point of view.However, in this process, we can not ignore the abuse of the rights by patent holders. At the same time, the regulation of the abuse of rights can also safeguard the interests of the public. As the abuse of the patent rights appears from time to time, focusing on research and regulations for such acts can guarantee the legitimate use of rights, while safeguard the public interest.Basing on this consideration, studying the provisions of law on our country to regulate patent laches behavior, pointing out the problems, at the same time, consulting the relevant provisions in US and the systems of invalidation of rights in civil law countries, considering the existing legislation and the basic national conditions, we can give settlements to solve the problems.There are four chapters in this paper. The first chapter gives general description on patent laches. First, an overview of the abuse of intellectual property and patent rights were given. Secondly, combining academic research results, the concept of patent laches is given, meanwhile, including the three constituent elements. Finally, the impact of the patent laches is analyzed.The second chapter gives a detailed analysis of our current laws regulating patent laches and points out the flaws. First, giving the concepts and roles of the basic principles in civil law, we can learn that although the basic principles can be applied to regulate patent slack behavior in theory, but we still face some difficulties in juridical practice. Secondly, the author give detailed analysis of the beneficial effects and deficiencies of the statute of limitations be used to regulate patent slack behavior. Finally, the author gives detailed analysis of the beneficial effects and deficiencies of the relevant judicial interpretations be used to regulate patent slack behavior.The third chapter describes the useful experience of regulating the behavior of patent slack by other countries. First, there are three levels of of useful experience in the United States, that is, the United States Patent Act 286, the laches and estoppels in equitable sense. Secondly, the author introduces the system of invalidation of rights in civil law system.The fourth chapter gives the legislative proposals to regulate patent laches. Considering the exploration and experience in the regulation of patent laches, the author gives suggestion to perfect the regulation of patent laches behavior system.