The Analysis Of "Shan Zhai Product" Invading Patent Right Case

"Shan Zhai product" of the society overflows recently, "Shan Zhai product" appeared profession at the figures product at the earliest stage and had already involved to each area now. Our country protection of height value to intelligent property right, even have explicit law rules to the protection of patent right among them. Currently, people have disagreement on whether "Shan Zhai product" invade person's patent right.For solving whether "Shan Zhai product" invade patent right and how strengthen the problem of patent right protection, this text provide the two typical model cases of invading the patent right of "Shan Zhai product" firstly, look back of the history development process of "Shan Zhai product", and analyze the characteristic of the "Shan Zhai product" and the reason why "Shan Zhai product" overflow, conclude the judgment standard of whether "Shan Zhai product" invade the patent right, and by analyzing the two typical model cases of invading the patent right of "Shan Zhai product" which mentioned above, in order to verify the rationality of the judgment standard of "Shan Zhai product" invade patent right.In order to protect the legal right of the people of patent right, so I further analyze the present condition of our country in patent right protection, and conclude the achievement and it's problem of our country in patent right protection. By analyzing the reconsideration of "science technique is a first productivity", more outstanding the importance of strengthening patent right protection in the socialism new period of our country, and as for the concrete problem in patent right protection of our country to put forward to the strategy in strengthening patent right protection of our country.The emergence of "Shan Zhai product" has it the social source, while it's extermination also need a certain process, it isn't enough to be only depend on having a explicit law rules, this need a business enterprise to strengthen creative consciousness continuously, and to increase the independent intelligent property right; The administration management section to enlarge the management; The judicial staff member to improve it's business character continuously; To build up the patent right protective profession alliance among business enterprises; The society public members to raise law consciousness of patent right protection. Only do this to make "Shan Zhai product" have no existed environment, and accelerate it's extermination process, and make "Shan Zhai product" become the product which owns an independent intelligent property right.By this text analysis, I hope it could make people have an overall understanding of "Shan Zhai product", whiles facing "Shan Zhai product", people can analyze it concretely. As for invading patent right of "Shan Zhai product" we shoud give the sanctions of law, As for not satisfying the constitute main factor of invading patent right of "Shan Zhai product", we also need to strengthen it's law consciousness of patent right protection, thus to provide a good external environment for our country in the protection of the intelligent property right and in the meantime, it can also helps our country have more independent intelligent property right products to go to the world and can head for world and promote the corn competencies of it's product constantly.