Study On The Foreign Accession System

Compared with the accession of the real right system, the patent accession is a cutting-edge type. The main difference between it and accession of traditional real right system is that, the object is different. Patent accession is a kind of intangible property accession, the traditional accession is a kind of tangible one.In our legal system, there is no formal and clear concept about accession for the traditional real rights; besides, there is no systematic studies on the patent accession even on the intangible property accession whether domestic or abroad. In order to provide basic guidelines for the construction of China’s patent accession system, we should investigate and compare with the the accession systems from two major legal systems, and explore the basic elements of patent accession.This paper is divided into five chapters. The main content of the first chapter is the purpose and the significance of this paper. The purpose is to learn legislative experience from foreign accession system and build patent accession rules; the significance is to perfect the patent system, protect the person’s rights and interests of the patent accession, balance the interests among the patentee the accession person and the society, end the disputes, promote the implementation and continuous improvement of technology. The main content from the second to the fourth chapters is to find out the theories, rules and practices of accession system which are applicable to patent. The last chapter’s main content is the conclusion and expectation. The conclusion is that the object of the accession of real right could be expanded to the intangible property, including the patent. The expectation is that the establishment of the patent accession system could accelerate technological progress and economic development.