Research On Temporary Protection System Of Invention Patent

The patent system is a system that exchanges patent information for protection.“Early publication,delayed review”System is uesd in China.During the period from the publication of the patent to the time before the authorization,the applicant has not obtained the patent right and cannot protect the legitimate interests.The temporary protection system is set up to compensate for this deficiency and protect the legitimate rights and interests of patent applicants during the temporary protection period.However,at present,China’s temporary protection system has only made short provisions in Article 13 of the Patent Law.It still has problems such as over-generalization,poor operability,lack of authoritative standards for the appropriate fees.The protection for the rights of patent applicants is weak.The Supreme People’s Court Guiding Case No.20 focuses on protecting the public interest,but to a certain extent,it further weakens the effectiveness of the temporary protection system.Guiding Case No.20 has practical significance for analyzing the problems that China’s temporary protection system faces in practical application.However,some of its views are still controversial,and the guiding case reveals the shortcomings of China’s current temporary protection system.At present,the temporary protection system has some problems,such as too little protection,the nature of the implementation and follow-up actions is controversial.As a result,it is difficult to play its role in practice and to safeguard the rights of patent applicants.By analyzing the problems,drawing on the experience of other countries and combining with the reality of our country,this paper attempts to define the right to claim temporary protection and formulate the standard for determining the appropriate expenses.Let the temporary protection system safeguard the interests of patent applicants to the greatest extent and play its due role.