The Same Invention Creates The Obstacles And Cracks Of The Patentee's Negotiation Application

This article aims to solve the problem of the application of negotiation for the same invention in practice,to provide the solution of legal jurisprudence and procedural reform,and aims to solve the application principle of the same invention to create the patent person negotiation application by analyzing the innovation incentive and administrative power of intellectual property law;Aims to solve the specific roblems in preliminary identification and negotiation application by analyzing the legislative significance of intellectual property law and the establishment and function of national patent administration;aims to solve how the subsequent formation of corresponding administrative procedural law is improved by analyzing the causes of the obstacles in the application of the same invention in the patent application practice;The current legislative operation often leads to the settlement of unresolved contradictions in the subsequent invalid declaration procedures or to the subsequent proceedings to resolve,such solution not only did not solve practical problems,but also waste more administrative and judicial costs to maintain the stability of their property rights.How to solve the problem of the application of the inventor negotiation,and how to coordinate the contradictions of these procedures become the significance of this article.This article proposes to solve such problems in practice through thereform of administrative procedures,the patent law and specific implementation rules on the basis of legal dredging.