The Comparative Research On The System Of Patent Reexamination Between China And Korea

This paper discusses the patent reexamination system of China and Korea respectively,mainly from the perspective of review subjects,the category and the examination procedure of patent reexamination in the two countries.The paper makes a comparative study on the differences of the patent reexamination system between the two countries.The difference of patent reexamination system between China and Korea is embodied in two aspects: firstly,in the patent reexamination procedure,the Chinese patent reexamination does not have the retrial to the reexamination result,while the Korea's patent reexamination system has the retrial procedure;Secondly,in the category of patent reexamination,China set up two types of reexamination consisting of reexamination against the decision of rejecting the patent application and patent invalidation declaration,and Korea set up a total of seven types of review cases including the above two kinds.Although the patent reexamination system in two countries is in accordance with the development of intellectual property rights respectively,there are still some problems.This paper attempts to compare the patent reexamination system between China and Korea.By comparing the differences between the two countries in the patent reexamination system,the paper intends to find out the problems existing in the patent reexamination system and put forward corresponding suggestions to solve the problems in the implementation of the respective domestic patent reexamination system,realizing the goal of protecting intellectual property rights in China and Korea better and helping both countries' further development of innovation of science,technology and economy.