Research On Liability For Breach Of Patent Commissioning Contract

Compared with western countries,the development of China’s patent agency industry is short.But with China’s reform and opening up,the speed of development of the patent agency industry is amazing.China’s patent legal system has been constantly improving.After nearly 30 years,the patent system has become an important part of the intellectual property system.Patent agency industry in our country is gradually improving and patent market is growing as well.But along with the increase in patent filings,the number of patent lawsuits is increasing,so are the patent contract disputes.I have found that there are many problems in dealing with patent contract disputes,so the purpose of this paper is to study the liability for breach of patent commissioning contract.The main content of this article are as follows:Chapter one is introduction.It mainly introduces the background,problems,and the purpose and significance of the research.At the same time,it makes a general review of the literature and journal papers that are referred to in this paper.In view of the patent contract disputes,there is still a gap between China’s patent agency system and the society’s realistic requirements for the patent agency industry.Chapter two gives a general overview of the research on the liability for breach of patent commissioning contract.It introduces the professional characteristics of patent agency and the characteristics of the liability for breach of contract of patent agency.And it summarizes the current legal provisions of the liability for breach of contract of patent agency.Chapter three introduces the constitutive elements and defense reasons of liability for breach of patent agency contract.The constitutive elements include breach of patent agency contract,fault,the facts of damage and causality.The defense reasons include informed consent of the client,intentional falsification,and failure to pay fees in time.Chapter four introduces a typical case of patent contract disputes.It is found that there are many problems in the identification of liability for breach of contract through analyzing the focus of the case dispute.This chapter discusses the problems existing in the determination of objective breach of contract and subjective fault in contract.Chapter five puts forward the corresponding suggestions according to the mentioned patent agency industry characteristics and the problems existing in the process,including perfecting the patent agency inspection supervision system,adopting the method ofinversion of the burden of proof and taking effective patent default risk measures,such as patent agent professional risk fund and patent agent liability insurance system.Chapter six is the conclusion,which summarizes the writing ideas and contents of this paper.