Essential Requirements Of Utility For A Patent

Utility and novelty,inventive are the three substantive requirements for invention and utility models,it's procedural requirements,but also entity requirements.Meeting the utility requirement is first step for a grated patent,utility means invention and utility models can be manufactured or used in the industry,so the theme of invention and utility models must belongs to the industry,and be technical,traditionally,utility requirement largely determine patentable subject matter.However,China still uses the concept of confusion in the examination of utility.Theories that explain patent law system put forward many demands on utility,which should not only be able to promote information disclosure and dissemination,encouragement of innovation,but also make sure the scope of patent rights is accurate,and social contributions correspond to the intellectual property rights,make sure the former pa tent will not result in a monopoly or hinder innovation.With the development and progress of bio-medicine,Internet and other emerging technologies,people put forward new demands about the field of emerging technologies on protection under the patent law,people re-examine the utility requirement to seek breakthrough to get patent.In the examination of utility in face of the impact of emerging technologies,many countries did amendments and adjustments on the utility.Europe,the United States,Japan and China,on the utility made a number of adjustments to adapt to technological development,while ensuring that the patent law system encourage innovation,balance the patent monopoly and social benefits.A new round of international harmonization of patent law on utility put forward new demands,China should pay close attention to the progress of international harmonization of patent law,combined with their "Thirteen Five Year Plan" and "technology-driven innovation" policy,optimization and coordination of industry regulations,develop the comparable utility requirements.This article intends to conduct systematic research on utility,which is divided into five chapters.The first chapter is the introduction,describes the background and status of this research.The second chapter,explore the value and usefulness what patent system needs in theory for utility,make the theoretical basis for the induction and the introduction of the essential requirements of utility.The third chapter,study extraterritorial patent utility requirement,mainly study the utility requirement of big countries' utility requirement and international patent treaties utility requirement.This chapter will focus on the utility evolution of the major countries in the face of emerging technology requirement,and to find the elements essential requirement of utility.The fourth chapter,will analyze Chinese utility requirement on patent law,based on primarily analysis derived from the basic theory and practicality extraterritorial practice conclusions,and analyzes the existing problems in Chinese utility.Chapter V,on the basis of the aforementioned studies,summarized in usability and functionality factors affect the operating principle of patent law and institutional requirements of utility,refinement embodied essential requirements of utility,and combined with research conclusions,make recommendations to improve the usefulness of relevant law legislation and regulations.