Research On Patent Restriction System

The emergence of patent rights which is different from traditional property rights is an important achievement in the process of modern legal development.Patent monopoly is determined by the immateriality that is the basic attribute of patent distinguished from traditional property rights.Therefore,it is necessary to make special research on the patent restriction system.In the current era of knowledge economy,patentees enjoy great economic benefits in the patent monopoly.To maximize the profits,patentees always seek the expansion of patent,but at the cost of compression of public interests.On one hand,the existence of patent monopoly is proper and reasonable in that patent can improve the conversion efficiency of the invention and creation,and prompt the progress of society and human civilization.But on the other hand,monopoly has its own intrinsic passive function,and it should be rationally restricted in order to keep a balance of interests between patentees and society.Especially nowadays,the trend of economic integration has become increasingly evident.Most countries have revised the patent laws and relevant regulations,so as the international treaties.The modification of patent system should not only pay attention to protect the patent,but also constrain it appropriately considering the necessity of the social development.By expounding the concept,type and significance of patent restriction,the paper discusses the legal basis,economic and sociological theoretical basis and basic principles of patent restriction.On the basis of researches of patent restriction in international treaties and the laws of foreign countries,the paper analyzes our country's patent restriction system in detail,and then puts forward some suggestions on how to improve this system.It is suggested that our country should restrict patent rights rationally while meeting the minimum protection standards provided for in international treaties,so as to maximize the value of the patent system.