The Comparative Study Of Sino-Japanese Utility Model System

As an integral part of the intellectual property system, utility model system emphasizes on protecting those little inventions which are valuable although not reaching innovative patent level. Its unique advantage has a positive effect on encouraging inventions, promoting the progress of science and technology. And it has achieved rapid promotion and development in many countries Japan is a successful example to develop utility model system. In the early implementation of its patent law, its domestic creation level was far away to reach the patent standard, and the enterprises had no money to research and develop the high level invention, which makes necessary to protect small inventions. By using utility model system, Japan gradually narrow the gap with the developed countries on science and technology, which gives special reference for Chinese patent development, especially on utility model system area. China has passed twenty years since we implemented the patent law. The unity model system did contribute a lot but also exposed many problems. Comparing and analyzing the differences of Sino-Japanese utility model system, this paper aims to help us discover the faulty of Chinese utility model patent system and look into ways to better improve our utility model patent system.This paper is divided into five chapters. The first chapter is an overview of the utility model system, specifically on the concept, features and significance aspect. The second chapter describes the historical evolution and current situations of the Japanese utility model system. The third chapter describes the historical evolution and current situation of Chinese utility model system. The fourth chapter analyzes the differences of Sino-Japanese utility model system on the aspect of censorship, protect objects, the conversion mechanism between invention patents and utility model patent system and the evaluation report of patent system. The fifth chapter analyzes the current problems on Chinese utility model patent area and proposes recommendations and advice on the improvement of Chinese utility model patent system.In this paper, the author mainly uses comparative analysis. Through the comparison on the history of Sino-Japanese utility model system, the author defined the current problems of Chinese utility model patent system. And by hearing about the comments and suggestions from patent agents, the author proposes recommendations on improving Chinese utility patent system.