Research On The Examination System Of Utility Model Patent In China

As the patent of utility model in China can be authorized only through preliminary examination,and there is no need to try substantive defects such as creativity,so utility model without patentability can be easily authorized.The stability of these patents is not high and the market utilization is not good,which not only wastes social resources,but also hinders innovation.Therefore,it is imperative to reform the patent examination mode of utility model.This paper first analyzes the background,development status and problems of the preliminary examination mode of utility model patent in China,and then compares and analyzes the examination mode and corresponding supporting system of utility model patent in Germany,Japan,South Korea,Brazil,Australia and the United States.Finally,according to the current national conditions,it proposes to implement the voluntary substantive examination mode in the transition stage,When the economic and technological development of countries reaches a certain stage,the substantive examination mode will be fully implemented.Based on the consideration of the law of social development,innovative practice and government policies,we need to formulate corresponding systems in the transitional stage of the voluntary substantive review model and the final stage of the comprehensive substantive review mode.In this paper,the time limit for the patent office to accept the patent application and reply documents,the time limit for the applicant to reply to the notice of examination opinions,and the substantive judgment standard of novelty and creativity in the substantive examination mode are proposed,and some suggestions on the retention or abolition of the patent evaluation report system are put forward,so as to be practical and new In the process of transition from the preliminary examination mode to the voluntary substantive examination mode,and to the final comprehensive substantive examination mode,the patent examination cycle of utility model is still shorter than that of invention.At the same time,it is suggested that the protection object of utility model should be expanded to all products in the transition stage,and the protection object of utility model should be expanded to be the same as the invention patent in the final stage,and the protection period of utility model patent after substantive examination should be extended adaptively.These measures can improve the stability of utility model patents,reduce the generation of waste patents to a certain extent,save administrative,judicial and social resources,and further promote the innovation enthusiasm of innovation subjects,so as to promote the development of social science and technology and economy.