"questionable Patents" Legal Regulation Of A Comparative Study

"questionable Patent" because of the quality of patents and unfair competition, and other related issues have attracted wide attention,"questionable patent" in all types of literature in the high utilization rate. Based on the current patent examination system flawed consensus, China ready to start the third revision of the Patent Law of the preparatory work aimed at a comprehensive settlement of the patent system exists in some of the problems. At present, most interest focused on the criticism of the system, how to contain or resolve "questionable patent" and feasible measures are not many legislative proposals.This paper describes the first chapter of patents and patent applications of the concept, which leads to "questionable patent" and that its harm. The second chapter of the United States "questionable patent" of the law and introduced into practice, as paving the way for the fourth chapter.The third Chapter of Europe "questionable patent" of the legal and practical implications of introducing into further as paving the way for the fourth chapter. The fourth chapter in China' s"questionable patent" on the basis of the status quo, and proposesolutions to China "questionable patent" program to improve the law.Finally, the conclusion to this article. the part of the furtherdefined the purport of this article, our current system of intellectualproperty strategy, from the simple need to protect intellectual propertyrights, protection of intellectual property rights and to limit the abuseof intellectual property rights of the rights of both the overall approach.In this paper, to contain this "questionable patent" of the spread ofsome of the measures and legal advice. Mainly in improving the"questionable patent" to determine the applicant's malicious andstrengthen the "questionable patent" obligation to the applicant, theimproper exercise of the right of patent applications and maliciousexercise of the "questionable patent" pseudo-rights, in addition todismissal of the patent is invalid or outside , Should bear the clear legalresponsibility.