On The Creativity Of Utility Model Patents

The utility model patent patent is one of the three patents in China.The patent system of utility model patent was born in the first patent law of 1985.Since the implementation of the patent law in China for thirty-two years,the utility model patent patents have played an important role in encouraging invention and creation,boosting technological innovation and promoting economic development,and establishing and perfecting China's patent data resources.The utility model patent patent system is the main innovation level is relatively low,the product life cycle is short of the "small invention" to provide patent protection,has authorized speed,application fee and annual fee is low,easy to obtain authorization and other advantages,can complement each other and form a patent in the system.With China's utility model patent applications have some to grow with each passing day,the utility model patent patent system challenged society,questioning is mainly reflected in three aspects:one is the utility model patent patent quality is not high,does not comply with the patent application has been authorized;two is the utility model patent for the right to invalid system design difficulties,in favor of rights people,is unfair to the public;the three is the utility model patent patent evaluation report system needs to be improved,should strengthen its role,and open to the public.The above question summed up the reasons behind,are closely correlated with the utility model patent patent authorization and quality on the creative differences between special provisions in the patent pending refinement of the utility model patent patent review,is not to be ignored in the causes of these problems.The whole paper is divided into five parts.In the first part,the development of utility model patent patent system is introduced.Then it introduces the definition of utility model patent in Germany,Japan and other countries and regions.Then,based on the analysis of domestic and foreign research status,summarizes the characteristics of China's utility model patent patent.The second part,the relationship between the creativity and novelty of utility model patent patent,expounds the source and current situation of the creative concept in the new technology protection system in the United States and japan.The boundary between novelty and creativity should be defined,and finally the novelty should have the function of evaluating the height of patent innovation.The third part introduces and analyzes the creative problems in the patent examination of utility model patents.The fourth part discusses the validity and limitation of the patent right of utility model patent,from the angle of the balance of rights,and puts forward that the utility model patent patent should have the right efficiency corresponding to its innovative height.The fifth part,from the principle of limitation of rights,puts forward suggestions on the preliminary review system and other review procedures.The sixth part is the summary of the whole thesis.