On Evidence In China's Patent Full Disclosure System

The full disclosure of patent is the focus of disputes over the long term in patent examination,invalidation and patent administrative litigation.The author believes that improving the rule of evidence is the primary task to solve the controversial issue of patent specification's full disclosure.Therefore,this paper combing the typical cases in practice,combing the outstanding problems in the practice of the full disclosure system of patent instructions in our country,and comparing and analyzing the relevant legislation in the patent system of Europe and America through a large number of literature research,and combining with the actual situation of our country,put forward the perfect construction of the system of the full disclosure of the special interest of our country.Discussion.This thesis is divided into five chapters.The first chapter is the introduction,which mainly introduces the background of the question,introduces the revision process of the related system in the patent law of our country,and analyzes the significance of the research,and puts forward the corresponding research methods.The second chapter introduces the full disclosure system of the patent,expounds the meaning of the patent full disclosure system and enumerates the relevant legislative provisions in the patent law and the patent examination guide,and then analyzes the significance of the evidence rules in the patent full disclosure system.The third chapter is the analysis of the status and problems of China's patent full disclosure system.In the form of case analysis,it combs four problems that are more prominent in practice,including the allocation of burden of proof,the period of proof,the standard of proof and the use of common evidence.The fourth chapter is a comparative study.It introduces the provisions of relevant legislation in the United States,Europe and Japan.Combined with the actual situation of China,we can learn from other countries' laws.The fifth chapter is the suggestion to perfect the rules of evidence in China's patent open system,in order to guide the practice of patent examination and contribute to the perfection of patent law in our country.