Research On Patent Evaluation Report System

At present,the utility model patent and design patent of our country implement the system of formal examination,that is to say,only the preliminary examination is carried out.Where article 40 of the Patent Law provides that the application for a utility model patent or a design patent has no reason to be rejected after preliminary examination,the patent administration department under the State Council shall make a decision to grant the utility model patent right or the design patent right,And issued to the corresponding patent certificate,at the same time to register and announce.The patent right for utility model and design shall take effect from the date of announcement.The utility model patent and the design patent are two kinds of patents with simple licensing procedures and low patent stability.At the beginning of the system,the purpose of the system was to grant the right quickly,but the stability of the patent right was reduced because of the rapid authorization.Although relative to invention patents,utility model patents and design patents are two lower levels of invention.But the innovation of science and technology is not overnight,it takes a long time to accumulate to have breakthrough innovation.Therefore,the protection of utility model patents and design patents is still very necessary.Moreover,improving the stability of patent rights of utility model patent and design patent is helpful to promote the process of technological innovation from quantitative to qualitative change.It is also of positive significance to the establishment of innovative enterprises at present..In order to make up for the instability of patent right of utility model patent and design patent,patent evaluation report system was produced.The patent evaluation report system is an effective supplement to the patent preliminary examination system,and the interested parties of the patent right may judge the stability of the patent right of the utility model patent and the design patent through the patent evaluation report.Avoid unnecessary property investment or litigation investment.The patent evaluation report system plays an important role in the current patent system in China.It plays an important role in patent infringement litigation and patent invalidation procedure.The patent evaluation report system is the development of the utility model retrieval report system.The current patent evaluation report system is compared with the previous utility model patent retrieval report system.The degree has made great progress,but there are still some problems,such as the applicant is too narrow,the legal status of the patent right evaluation report system is not clear,the problem of customer complaint and lack of patent evaluation report.This paper introduces the evaluation report of patent search report system,compared with the utility model patent,points out the progressive aspect by comparing the utility model;review system and other countries or regions,analysis reporting system of patent evaluation in our country is not perfect;at the same time through the analysis of the evaluation report system of patent applicants,patent law qualitative evaluation report itself pointed out that the system deficiencies,and put forward the reformThe way forward.