Research On The Quick Examination System Of Green Patent In China

With global warming and the ecological environment continue to deteriorate,green technologies have also evolved.In order to promote the development and innovation of green technologies,many countries in the world have begun to adopt a green patent rapid review system.The system shortens the review period for green patents,speeds up patent examination of green technologies,and enables applicants to obtain authorization as soon as possible.At present,patent examination agencies in developed countries such as the United Kingdom,Australia,South Korea,Japan,and the United States have implemented green patent rapid review projects.China is also constantly exploring the rapid review system.In June 2017,the Measures for the Administration of Priority Examination of Invention Patent Applications(established in 2012)was revised to the “Administrative Measures for Patent Priority Examination”(hereinafter referred to as the “New Measures”).It will be implemented on the 1st of the month.The new "Measures" stipulate that the patents for applying for rapid review mainly involve industries with key developments such as energy conservation and environmental protection,new energy,new materials,big data,cloud computing,etc.However,the new "Measures" lack legal legitimacy,the application theme is vague,and the procedures Miscellaneous and other defects.Therefore,this paper attempts to analyze and compare the practical experience of some developed countries in the green patent rapid censorship system,combined with China's legal system and policies,and puts forward some suggestions to improve China's green patent rapid censorship system.Firstly,the article systematically expounds the concept of green patent and green patent rapid examination system,the criteria for green patent recognition and the scope,objectives and establishment principles of green patent system.Through the empirical analysis,it sorts out the status quo and problems of China's green patent rapid examination system,such as standard Problems such as the cumbersomeness of the identification and procedures.Secondly,it analyzes the rapid review system of green patents in major developed countries,and proposes the reference for the rapid review system of green patents in China.Finally,according to the analysis results,the specific recommendations of China's green patent rapid review system are put forward: strengthen the legal basis,play the guiding role of the Patent Law,optimize the examination procedures,establish a green patent database,etc.,and improve the green patent rapid review system.