Improvement Of The Patent System To Enhance The Quality Of Patent Applications

The thesis investigates the possibilities to improve patent application qualitythrough improvement on legislation. By analyzing current research results, this paperdefines patent quality from two perspectives: i) based on its application; ii) based onpatent process. Based on patent process, the paper establishes the concept of patentapplication quality, that is, quality of the application process involved by innovationmain body and technology intermediate organization. Patent application quality in thispaper does not merely include the quality of patent application documents, but alsoincludes patent application process quality. With clarified definition, the paper analyzesfive key issues in patent application quality, and indicates the necessity and importanceof improving patent application quality through legislation in China.This paper elaborates effects of the current legal system has on patent applicationquality based on previous studies of the Patent Law and its Implementing Regulations,relevant documents and judicial cases, and analyzes the direction of patent quality afterthe third patent law amendments and effects of "Regulations Regarding Standards inPatent Application" introduced by the State Intellectual Property Office of China inAugust,2007. In addition the paper indicates threeaspects in the current legal system:patent applications that consider being withdrew due to short of filing fees, patentpreliminary examination and patent attorney agencies.In regard to the three issues above, the paper provides advice on facilitating patentapplication quality from legislation aspect. First of all, complete patent applicationadministration system, establish the legal significance of patent application number,eliminate patent bubbles while the patent application is processing; secondly, furtherrestrict the definition of invention, any plagiarism of existing patents will not be deemedasinvention; lastly, expand the notion of "identical invention" to includeinvention-creations with identical substantive features. In addition to facilitating theamended Patent Law and its Implementing Regulations, the paper also provides adviceon making appropriate adjustments over complementary regulations, including theapproaches to facilitate national and municipal patent subsidy policyand to facilitaterelevant regulations over patent agency. As results, the above changes reinforce the present laws and regulations, further regulate patent application through legislations andcreate solid legal support for patent application quality development.