Examine The Study In The Patent Review Process

China is advancing the aim of the power of intellectual property.In order to speed up the construction of the power of intellectual property,it is very important to realize strict intellectual property protection.Patent examination is the basis of intellectual property protection.The patent re-examination procedure has very important legal status in patent examination,whereas the examination in accordance with authority in the patent re-examination procedure is one of the most controversial issues among the applicants,the patent administration departments and the courts.There is no clear provision on the examination in accordance with authority in the Patent Law of China or the Rules for the Implementation of the Patent Law of China.There are many different understandings in the practice of patent re-examination procedure,hence it is necessary to clear the standards of the examination in accordance with authority in patent re-examination procedure and make the re-examination has definite terms of reference.Based the relevant provisions of existing laws,administrative regulations and patent system design principles of other countries and in accordance with the terms of the Guidelines for Patent Examination,this paper reviews the specific circumstances encountered in the practice of patent re-examination and analyzes different types of examination in accordance with authority,scope of common problems from case-by-case and put forward the proposal of suggestions to improve examination in accordance with authority.This paper includes six parts.The introduction part mainly introduces the research ideas,research methods,research value and the innovation points.Chapter 1 gives the overview of the patent re-examination procedure and its significant status,also summarize the problems encountered in current process with the combination of understanding of the examination principle and the connotation of legal.Chapter 2 gives the legislative provisions of official authority from the perspective of comparative law of states in order to provide some references for Chinese patent legislation.Chapter 3 analyzes the specific problems of examination in accordance with authority involved in the practice of current re-examination procedures,and analyzes the reason of dispute for each type of cases.Chapter 4 presents the proposal of suggestions to resolve the dispute problems of examination in accordance with authority in patent re-examination procedure.The conclusion part summarizes the research results and concise the related policy recommendations.