Research On China’s Modern Patent Law And Its Application

With the development of modern national capital industry,the advancement of technology and technology has been paid attention to in commercial competition,which has produced the economic basis of patent law transplantation.The ideals of Using ideology which are pursued by the modern Chinese intellectuals,the thought of seeking for the rich in the Westernization Movement,and the thoughts of saving the country with industry after the Sino-Japanese War have laid the ideological foundation for the transplantation of patent laws.The economic and ideological foundation of modern China resulted in the characteristics of patent law transplantation.First,it was integrated with science and technology incentive policies to form a reward system combining patent and Lord honor.Secondly,the mode of transplantation has changed from passive transplantation to active transplantation in legislative attitude and from formal transplantation to substantial transplantation in legislative content.Third,the modern patent system appeared the distortion of monopoly right after the combination of the localization process and the traditional monopoly system of China.In the process of legal transplantation,the “Revitalization Process Awards Regulations” promulgated in the late Qing Dynasty was the first attempt of China’s modern patent legislation;the “Provisional Regulations on Reward Crafts” issued during the Beiyang government marked the establishment of China’s modern patent law system,which was also promulgated during this period.The implementation rules in line with the patent law have made China’s modern patent law system more complete.During the period of the Nanjing National Government,the Industrial Product Review Committee was established to enable the development and improvement of the patent examination system.After the outbreak of the War of Resistance,the utility model and new styles were included in the patent.Among the objects of protection,consciously integrated with internationally accepted patent laws,the patent law was officially promulgated in 1944,marking the maturity of modern patent law.This paper studies the application of patent law in various periods in modern times.Using modern government official newspapers,bulletins,commercial archives,and newspaper articles to review patent laws and cases,study typical cases of patent approval,cancellation,transfer,and dispute resolution,and summarize the conditions for granting patent rights in modern patent laws.The application,approval,and rejection of patent applications,procedures,basis,conditions for the abolition of patent rights,institutional procedures for the resolution of patent disputes,etc.,thus a more comprehensive and profound understanding of the modern patent law system.Based on the above research,this paper evaluates the modern patent law and its application.Firstly,through the combing of the evolution process of patent law,this paper explores the legislative thoughts of modern Chinese patent law,summarizes the legal instrumentalism of patents as the incentive means,and the refusal to protect foreign patents and encourage counterfeit conservatism;modern times China’s patent system also has the defects of unequal rights and obligations,lack of patent management institutions,and insufficient technology disclosure.Finally,using incentive theory and interest balance theory to examine the social effects of patent laws in various periods,and study modern patent laws.Arrangement on the incentive mechanism and the balance of interests mechanism,it is concluded that the patentee’s interests and social public interests are not biased,ignoring the conclusion that either party will lead to the invalidation of the patent system.