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A Study On The Influence Of Patent Law System For Patentability Of Basic Research Results

Posted on:2007-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:T YuFull Text:PDF
GTID:2166360242962575Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Science-technology is constantly developing, society and economic environment is also changing. The traditional classification of science-technology includes basic research, application study and development research, but now the basic research have enlarged its connotation, and developed some new character, private investment is gradually entering basic research, so more and more results of basic research have required patent. The patent tendency of basic research results generated unprecedented impact on current law regime and patent law system, and need to make reasonable adjustments. How to adjust that we can make these new objects into the traditional scope of intellectual property, how to adjust that we can make these new patents obtain appropriate right scope, how to reform can we achieve the modernization of patent law system, and how to evolve the whole intellectual property regime ,all are problems.This paper attempts to explore the interaction between basic research (biotechnology) and patent law system, through the path of challenge to response, analyses reform trends and sum-up experience of the United States and other developed countries, which is essential for our patent system how to reform and have some theoretical significance.The research content includes: review the connotation change of basic research, its new features, and its patent tendency;summarize correlation between patent law and science-technology;retrospect the changing of some principals, theory, judicial practice in patent object and substantive requirement for a patent;study expanded patent right derive from basic research, such as research tool patents, reach-through claims, explore rule to limit patent right.
Keywords/Search Tags:Basic research, Patent law system, Patent object, Patentability, The scope of patent right
PDF Full Text Request
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