A Study On The Legal Countrol Of Patent Quality

Patent system has made some contribution to technological innovation. However, the factors such as more and more patent applications, pro-patent policy of various countries and their administrations, and the shortcomings within the system are leading to amounts of'questionable patent's, which may refer to patents that are likely invalid or contain claims that are likely overly broad. The appearance of these patents will make it unable to set a clear and valid boundary line for patent property, and impede realizing aims of encouraging invention and innovation. The issue of patent quality is a global one. The United States began to worry about the spread of bad patent from 1869 and the concerns continue to increase with the deterioration of the issue in last dozens of years. It is not only of realistic importance to solve the problem of how to improve patent quality through regulation of laws and policies, but also of theoretical and practical value for re-considering patent system and for its playing a positive role in technological innovation and market competition.The part of introduction states the meaning of the topic studied herein, summarize the relevant studies carried out abroad and at home, and points out the limits therein. Then it tells about the innovative and progressive points of this study, and finally about the methodologies.Chapter 1 discusses the meaning of patent meaning. Following the comparison of the studies made by domestic and overseas scholars on patent quality and a relating concept, patent value, the chapter points out that three aspects shall be contained with respect to the concept of patent quality:quality of patent itself, quality of patent right, and quality of patent system operation. The distinction between patent quality and patent value is embodied in the meaning and determinants. The existing situations of patent quality in various countries are presented afterwards. Then, the chapter finds that although different levels of patent quality issue emerge in various countries, the greatest attention is paid in US, and corresponding reform measurements are adopted.Chapter 2 introduces the history of quality questionable patent and the opinions of practical and academic circles, classifies questionable patent into one lack of validity and one with overly broad claims, and provides definitions of each type. Then the chapter analyzes the reasons contributing to the formation of quality questionable patent and their contents from the perspectives of systematic framework, application of the system, epistemology, policies and rules. Following up is the detailed analysis of two important harmful effects of quality questionable patent:patent thicket and patent trolls. Finally, the chapter discusses the necessity for legal control of patent quality from the harms of questionable patent.Chapter 3 examines legal control of patent quality from different theoretical perspectives, which include the basic theory of patent justification, market regulatory theory, liability rules, industry-specific and policy lever theory. While the chapter makes the analysis, it compares those theories with their counterparts to find out the advantages of them. For instance, the theory of property rules is contrasted with that of liability rules with respect to patent quality control to show the limits therein.Chapter 4 evaluates generally the legal system of US for controlling patent quality. Then it discusses detailed rules, including the professional ethic requirements of patent agents, system of examining patent quality, system for challenging patent validity, the notice system of patent claims, and shows their benefits as to legal control of patent quality. Finally, the chapter argues that the measures of US as for legal control of patent quality are illuminating from the perspectives of experience and ideal.Chapter 5 discusses how to better domestic patent law from the perspective of applying effective laws to patent quality control. It analyzes the impacts of patent policies and laws on patent quality and enlists specific policies and rules resulting in domestic situation of patent quality. After making an analysis of scholars arguments on legal control of patent quality, the chapter points out that considering the domestic development stage of patent system, following improvements shall be carried out to improve patent quality:to revise or revoke the legislation of utility model, to legislate information disclosure liability during patent prosecution, to reinforce the professional liability of patent agents, to better the system of patent quality examination, to better the system of challenge patent validity and judicial control of patent quality, and to strengthen the establishment of intellectual property courts.