The Study On The Infulence Of Patent Law Revision To Patent Quality

Acting as an exclusive right,the existence of patent right is aimed at making the patentee enjoy exclusive interests and further encourage the patentee to engage in creating labor,and then promote the progress of the whole society.It requires that the patent need to reach a certain standard of creative,or it will lead to the fact that some patents do not reach the standard of creative patent but granted exclusive rights,this finally conflict with the aim of the patents to promote social progress.In other words,after given the exclusive patents,inventions that do not meet the creative criteria will generate the so-called " problem patent",the existence of problem patent can not only shake the foundation of patent system,but also it will be a serious hinder to the innovation and development of the society.For the present era,the study of the quality of patents of patents has become all the more urgent task.In this paper,in order to solve the problem of "patent",the author hope to include patent quality into the research category of patent law.Based on the setting and research of technical quality,legal quality and economic quality,we can give quantitative examination and judgment of the degree of patent quality,so that we can provide an intuitive analysis framework to the creative degree of patent,and then put an end to problem patent.Our revision of the patent law will basically involve in the process of patent quality problem,it is also the requirement of social development,the requirements of the patent law on patent quality usually change with the development of time.At the same time,foreign legislation and practice will pay different degree of attention to patent quality,and this shows that patent quality is a common problem,and it can provide the referential experience to patent quality research through the comparison research of patent quality.This paper will demonstrate the patent quality in four sections:in the first section,in order to generalize and examine this issue in depth,this paper will generalize the concept,constitution,influence well as review of patent quality.Also in the section we will discuss the current situation of patent quality and the factors that could influence patent quality.In the second section,on the basis of studying the comparative law,this paper will study how the US and EU deal with patent quality under their patent systems.Also,this paper will explore and reference the aforementioned two subjects' experiences in managing patent quality related issue and methods of improving patent quality.In the third section,this dissertation will try to analyze the legislation trend of patent law,while at the same time exemplify the influence the amendment of patent law may have on patent quality by using the statistics and cases of the patents in BUCT.In the fifth chapter,this paper will offer a proposal according to the existing problems.