Research On The Rule Of Prohibition Of Double Patenting

The third amendment of the Chinese patent law was effected on October 1, 2009。This thesis studies on the rule of prohibition of double patenting involved in this amendment. This thesis analyzes the meaning of the rule of prohibition of double patenting, the exception of the rule of prohibition of double patenting and the relationship among the rule of prohibition of double patenting, the system of conflicting application and the standards of novelty.The body of the thesis includes five chapters, which are as follows.Chapter one: The meaning of the rule of prohibition of double patenting. In this chapter, the provisions regarding the rule of prohibition of double patenting in Chinese patent law are introduced, the necessity of the rule of prohibition of double patenting is elaborated, and different understandings of the rule of prohibition of double patenting is analyzed. It is pointed out that the meaning of the rule of prohibition of double patenting should be"the same invention-creation can only be patented once".Chapter two: The provisions regarding the rule of prohibition of double patenting in other countries. In this chapter, the provisions regarding the rule of prohibition of double patenting in America, Europe, Deutschland and Japan are introduced.Chapter three: The meaning of the"same invention-creation". In this chapter, an important concept of the"same invention-creation"involved in the rule of prohibition of double patenting is analyzed. It is pointed out that in the rule of prohibition of double patenting, for invention and utility model, the"same invention-creation"means invention-creations whose protection scopes defined by the claims are exactly the same, and the a design patent and a invention patent or a utility model patent may also be the"same invention-creation"Chapter four: Exception of rule of prohibition of double patenting. In this chapter, the provision regarding the same person filing an invention application and a utility model application on the same day is analyzed. It is pointed out that the following provision in the third amendment of the patent law is unreasonable: it is a condition for the invention to be patented that the prior utility model patent right is not ceased.Chapter five: Relationship between the rule of prohibition of double patenting and the novelty standard. In this chapter, the relationship between the rule of prohibition of double patenting and the novelty standard is introduced.