Research On US Information Disclosure System For Patent Applicants

With the advent of the era of knowledge economy,the number of patent applications increase dramatically and a large number of pending patents are in backlog.Improving our patent examination mechanism is a task which brooks no delay.The patent examination is an activity about patentability judgment by the examiner based on the prior art information.And the adequacy of the examiner's access to the prior art information will directly affect the patentability judgment of the invention.The US Information Disclosure System establishes the applicant's obligation to disclose information based on the duty of candor and good faith,which aims to solve the problem of insufficient prior art information,ensure that the examiners obtain sufficient relevant prior art information and make accurate authorization decisions.In order to improve our patent examination mechanism in China,this paper analyzes the evolution,legislative content and practical effect of the US Information Disclosure System,which aims to get the inspiration and make suggestions combined with the actual situation of our country.The US patent applicant information disclosure system is not achieved overnight,the establishment originate in the requirement of patent applicant's good faith obligation to the United States Patent and Trademark Office in juridical practice,and in order to achieve the interest balance between patent applicants and the public interest under patent system.The first establishment of the patent applicant information disclosure system is in 1976,the United States Federal Regulations,Chapter 37,Chapter 1,which includes disclosure time,scope,and legal consequences and so on.The extent to which the applicant is encouraged to contribute to the prior art is an important issue to examine the effectiveness of this system.Through empirical analysis,this paper found that patent applicants patent choose not to disclose some significant material information,but to over-disclosure some non-critical information.And different areas of patent information disclosure situation is different,these potential differences reflect the applicant's different patent protection strategy.In addition,the two elements standard of the principle of inequitable conduct in the judicial practice is in expansive tendency,leading to the principle of inequitable conduct of the defense was abused,deviating from the original intention of the principle of legislation.US patent applicant practical effect of information disclosure system,although not ideal,but as applicant citation,it plays an important role in the entire patent citation system,also proved its contribution to the maintenance of US patent market.This paper contends that our country should be appropriate to make this obligation to be clear,and to supply by certain incentives to promote the applicant to actively fulfill the obligations.As for the specific system construction,combined with China's market and legislative environment,it is necessary for continuous adjustment and improvement.