Research On Legal Regulation Of Abnormal Patent Application Behavior

The original intention of the patent system was to encourage invention and creation,promote technological innovation and economic development.However,under various non market demand incentives,a large number of abnormal patent applications have emerged,seriously affecting the order of China’s patent work and hindering the healthy development of intellectual property rights.Therefore,regulating abnormal patent application behavior is imperative and has become an important guarantee for China to move towards an intellectual property power.At present,there is still a certain lag in the regulation of abnormal patent application behavior in China’s relevant patent regulations.Some social entities take advantage of institutional loopholes,implement a large number of abnormal patent application behaviors,seek improper benefits,and seriously hinder China’s competition and innovation.This article starts from the current legal regulation of abnormal patent application behavior in China,compares and analyzes the differences between foreign legal regulation measures and China,and proposes that in preventing the occurrence of abnormal patent applications,the inventor oath or declaration system and information disclosure system in the United States can be used for reference;In improving the quality of patent agency,we can learn from Japan’s patent agency qualification examination and patent agency assistance system.In improving the examination mode,we can learn from South Korea’s utility model examination system.In improving examination efficiency,we can learn from the public patent review projects in the United States and the existing technology retrieval outsourcing systems in Japan and South Korea.In response to the shortcomings of legal regulatory measures for current abnormal patent application behavior in China,specific improvement suggestions are proposed based on extraterritorial experience.Firstly,strengthen the integrity and information disclosure obligations of applicants,while improving relevant governance and funding policies;Secondly,in terms of agency,strengthen the supervision of agency agencies,improve the entry threshold for agency qualifications,improve the business level and professional ethics of patent agents,and promote the replacement of relevant patent subsidy policies by the patent agency assistance system;Thirdly,in terms of examination,establish a front-end investigation mechanism,fully utilize bibliographic items to identify abnormal applications,and introduce obvious creative examination to improve examination standards.At the same time,introduce a system of public participation in patent evaluation and outsourcing of existing technology retrieval to improve examination quality and efficiency;Finally,we will increase patent application fees,standardize industry patent agency fees,increase patent application costs,and use prices to regulate patent applications,allowing them to return to the market.