The Evaluation And Analysis Of The Patent Evaluation Report And Its Market Operation Mode

The search report on utility model patent system added in the patent law on the second amendmentsince 2000.In 2005, the state intellectual property office launched of the patent law and its detailed rules for the implementation of the third revision,when a change is increasing.So far, the patent law and the detailed rules for the implementation and the review guide have been revised on October 1, 2009, respectively, and on February 1, 2010 formally implemented.In this change, “The search report" system was changed to "the patent evaluation report" system.This change, on more than just a name change, also has a lot to improveessentially;it is a responseto the plenty of questions produced in practice.The change of the system, also from the perspective of legal practice, guided function of the actuator and permissions.The research object of this article is the patent evaluation report, three questions will be discussed in this article: first, from "the research report”to " the evaluation report" from the sight of the practical operation of foreign law, compare on the two different reports and discover the progress was made, as well as where the improvements is in the future;Second, the patent evaluation report isoperated by the patent agency, so whether the business can go to the market, thus saving administrative costs;Third, whether the market hypothesis of evaluation report can be established, so how to build it in the actual operation.This article first briefly introduced the disadvantagesof the research report, from the perspective of comparative law, the related system compared with Germany, France and Japan.Secondly, analyzing the patent evaluation report after revised from the research report and discussing such advantages and disadvantages of the system.The next chapter will focus on the procedures between patent evaluation report and the invalidation in legal practice.Finally, in order to answer the last question, in the fifth chapter with reference to the marketization of the related theoretical analysis the feasibility of the marketization of the patent evaluation report, and can be reference to examine the social access standards of judicial authentication institutions into the problem.My answer is that the patent evaluation report business and social judicial authentication institutions have many similarities, previous experience can be reference.