The Legal System Of Questionable Patent In China

With the rapid development of science and technology, the patent as the core competitiveness of the modern enterprise play an important role in the development of a company. The growth in the process is becoming increasingly apparent contradiction between the ensuing patent application and patent protection. "The questionable patents" and "junk patents" has seriously affected the quality of patents, infringed upon the legitimate rights and interests of consumers. Meanwhile, the "questionable patents" rights holders sue impact of technological innovation, making the patent system faced unprecedented challenges, "questionable patents" has led to a large number of the patent system suffered questioned. In the development process of the patent system,how to balance the interests of patent holders and the public a challenge for all of the government. At the same time,how to fully protect the legitimate interests of the patent owner when we decide to deal with the "questionable patents" and to "issue patent" infringement lawsuit filed conduct research has important theoretical and practical significance. To solving the problem, we must better understand China’s patent system in response to the plight of "questionable patents" and the analysis of the legal nature of the "questionable patents" bringing infringement proceedings. Therefore, this article intends to "questionable patents" made of legal regulation.This paper is divided into four chapters:The first chapter is "questionable patents" concept, research the causes and effects, divided into "questionable patents" in the definition, causes "questionable patents" effect and three sections. The first section defines "questionable patents" from the perspective of patented features, introduces the "questionable patents," the definition and types. The second section take the question from patent licensing mechanism to review the organization’s own shortcomings, the patent applicant motive analyzes the causes of "questionable patents" generated. The third section summarizes the "problem of patent" patent quality, social and fair competition, the impact of consumers’ interests.The second chapter is the United States, Japan and Regulations "questionable patents" of legislation and judicial practice of research. The first section is introducing the US Patent Law interpretation for the "questionable patents" and the Supreme Court Teleflex case. The second section has analyzed the Japan regulation "questionable patents" adjustment of the patent system, and allows courts patent validity. Through the summary of the United States and the Japan regulation of the “questionable patents", pave the way for legal regulation for the fourth chapter Perfection "questionable patents".The third chapter is the study of "questionable patents" system defects and improving our regulatory proposals. In the patent our current patent examination system, authorization invalid inadequate procedures for analysis after drawing the United States, Japan and Regulations "questionable patents" practical experience, combined with our patent practice cases for the "questionable patents" Legal Regulation put forward a sound proposal.