| In recent years,Chinese applicants have further deepened their understanding of the role of patents,and applicants have become more concerned about the protection of patent rights.The patent division application is a common means of protecting new inventions and is used frequently by applicants.Along with the number of divisional applications increasing year by year,there is an abnormal application phenomenon in which a large number of divisional applications are filed by the applicant through the divisional application system.In addition,it is also found that the application filed by the applicant is double-patenting,and the amendment is beyond the scope in the practice of patent application.The appearance of the above phenomena violates the essence of the patent system,which indicates that the patent filing system in China still needs to be improved.This paper analyzes the changes in the Chinese patent division application system and the US patent continuing application system,as well as the problems that arise.By comparing the similarities and differences between the Chinese patent division application system and the US patent continuing application system in terms of formal and substantive requirements,and in combination with China's national conditions,it is recommended to improve the divisional system at the legislative level and limit the current deadline for filing a divisional application.At the policy level,rational allocation of patent incentive funds,to promote China's patent applications from quantitative change to qualitative change.at the examination level,let the original examiner continue to examining the divisional application and improve the efficiency of the examination.It is expected that the above suggestions can effectively solve the problem of abnormal application in the current divisional application,keep the patent application system operate healthy,return the patent system to its essence,and better achieve the goal of promoting innovation. |
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