Identification And Implementation Of Dependent Patents

In the present international economic environment, the economy develops rapidly and the economic globalization progress develops increasingly. As the promotion of opening up reform and the development of economy, and the increasing communication between China and the international world, China has entered the era of economic globalization. In current era, the development of economy increasingly relies on patent technology which gains more and more attention in China and even the whole world. China also joined a number of global international conventions on the theme pf patent. Because of the strong exclusive nature, the patent system is often used to technology in the developing countries. In order to solve this problem, the dependent patent is widely used in the developing countries. The dependent patent, as a special patent system with the development of patent and economy, plays more and more important role in the modern patent system. However, China has not made any special provisions for the dependent patent in China's Patent Law and only briefly mentioned it in one chapter of the composing licensing. For its sake, the system of China's dependent patent is no doubt endearing although it is mentioned more times is the later laws. If the exiting patent system in our country has not clear identification for dependent patent, it will bring great harm to the process of globalization. Therefore, we need to analyze the generation and identification of the dependent patent and the exiting law of China, so as to make a unified and reasonable understanding of the dependent patent's characteristics. And promote the development of patent technology in our country.On the basis of the present study of the dependent patent in our country, the thesis makes a comprehensive analysis of the dependent patent-related laws and regulations through China's Patent Law and the dependent patent-related law and the international conventions, so as to discuss the concept identification and implementation of depend patent. At last, some position suggestions and advices about the present stage of our country's dependent patent presented. This paper is divided into five chapters discusses a patent for the dependent from the relevant Chinese laws and regulations to start a subordinate patent, which leads to our concept of dependent patents。 The main structure of this article include: the first chapter introduces the subordinate patent laws and regulations apply; second chapter focuses on identification of dependent patents; third chapter, the identification of the main dependent patent; fourth chapter in the dependent patent compulsory licensing of meaning; fifth chapter is the final conclusion for the article.