Patent Temporary Protection System Research

Our country implemented the patent examination system of "Earlier Publication,Deferred Examination", after filing an patent application to the National PatentAdministrative Office, the patent technology persons should fully public their owninventions, including claims, description and drawings according to the requirementsof patent examination. Because any third party can infringe inventors’ interests byusing the overtly invention material, it is a long period from application publication tothe patent authorization. Patent Law should provide patent applicants with necessarylegal protection. According to the provisions of Article13thof Patent Law, during theperiod of filing an patent application, patent censorship of National Department ofIntellectual Property’s preliminary examination and publication, until the patentauthorization, the applicant may ask any third party who implements the applicationto pay the appropriate fee. Patent Law provides the obligee with this protection whichis known as "patent temporary protection".The system of patent temporary protection makes every effort to adjusting theinterest of applicant and third party to balance. On one hand, the system provides theapplicant’s interests with legal protection, the applicant could ask any third party whoimplements the application to pay the appropriate fee; on the other hand, the systemregulates the third party’s activities, the third party can define his act will infringeapplicant’s interests or not through the extent of patent temporary protection.The system of patent temporary protection was designed for protecting applicant’sinterests, though it differs widely from patent protection in effect time, function object,extent of protection and legal forth, it has something to do with patent protection. Thispaper references the related theory of patent protection, and dialectical applies thetheory to the process of investigation of the system of patent temporary protection onthe basis of these, especially in expounding the extent of protection of patenttemporary protection and an appropriate fee.The author makes systematic and embedded discussions on the concept, thecharacteristic, the legal effect, as well as the status of realization of patent temporaryprotection. With the further promotion of the patent strategy of our country,enterprises seizes the market share and promotes competitive strength by patentstrategy will reach epidemic proportions, individual’s awareness of protecting interests by patent protection increases, the author hope that the results of these studycan promote the further perfect and evolve of the system of patent temporaryprotection.