A Comparative Study Of The European Patent Convention And The Chinese Patent Law System

With the unionization step of the world economy and the liberalization of world trade, traditional economy transformed to knowledge-based economy, patent law become more and more important in the world trade system, and turn to modernization and internationalization. Facing current globalization, we are not only acquaint with our patent law, but also master foreign patent, especially our commerce partner-European countries, we should research patent law system of both countries, which will provide law support for our business enterprise to avoid the infringement dispute and be benefit to patent adjusting.This thesis tries to use the method of comparative analysis, to compare the similarities and differences of relevant rules between two patent laws, review the purpose of European Patent Convention, and summarize countermeasure for our patent law system. Five chapters are included in the article. Chapter1is general introduction of EPC and our patent law system. Background, development situation and characteristics of both are introduced in this part. Chapter2,3and4is the main part of the present article and intended to compare EPC and our patent system through patent application system, patent examination system and patent litigation system. The comparison of priority is the main part of Chapter2. Chapter3makes the examination standard and procedure stand out. Chapter4focused on the relief mode and the judicial jurisdiction of EPC and our patent law system.Through the analysis of all above, the final part summarized the advantages of EPC patent law system. And we hope these experiences would be helpful to perfect our patent law system.