Legal Considerations On The System Of Patent Prosecution Highway

With the development of economy and the progress of Technology，Patent applicationbacklog, the review period can not meet the needs of the applicant for the patentauthorization as soon as possible, This situation has become a common problem in thepatent examination department of different countries and regions of the world. Theapplicant on the same invention patents in many countries and regions to apply for patentprotection has exacerbated the contradiction.Patent prosecution highway system, designedto enable the patent examination department in countries and regions that participate incooperation sharing the examination results, reduce Repetitive work, speed up theexamination speed, Not only for seeking the path that the applicant to acquire foreignpatent actively, but also an effective way to solve the current problem that patentapplication backlog, alleviate the pressure of patent examination and realize internationalcooperation.In this paper, According to the content and operation situation of patent prosecutionhighway project, make a practical research and in-depth theoretical study on system ofpatent prosecution highway.Firstly, analyse the system of the conditions of application,advantages and its limitations and the development trend in the future. Make acomparative study on the three typical cooperation mode existing, Clarify the similaritiesand differences among them, analyses their characteristics. Secondly, utilize the theory oflegal value analysis, priority principle and the patent system internationalization to studythis system from multiple perspectives, and dissect the rationality of the system and itsvalue target.In the fourth part, to explore the potential legal issues and legal risk in theprocess of operation，Make prudent thinking for China to participate in this cooperationsystem. In the last chapter,According to the actual situation of China’s patent examinationwork, analyzes the necessity of China’s participation in the cooperation system of patent prosecution highway, reveal its practical significances; According to the comparativestudy on the cooperation mode in the former part, make an analysis and gives somesuggestions on the cooperation mode selection to our country; study how to link ourcountry’s existing Patent examination system with the patent prosecution highway system,and constructed some relevant supporting measures；designed some effective method toprevention and control the potential risk in the practice process. Finally, summarized thepoints of view in the full text, the final conclusion that suggestions for China to draw onthe advantages and avoid disadvantages in the process of cooperation in the system ofpatent prosecution highway have arrived at, to make a judicious selection and makecorresponding policy adjustment, in order to promote the improvement of China’s patentsystem.