The Legal Regulation On “Questionable Patents”

Since the United States Federal Trade Commission(FTC)proposed the concept of “questionable patent” in the report “Promoting Innovation: A Moderate Balance of Competition and Patent Laws” the term “questionable patent” in various research literatures,the frequency of use is quite high.The so-called “questionable patent”refers to a patent with a problem of patent quality.It is a patent that is worthless or harmful.It should essentially belong to the same “bad patent”,“inferior patent” and“quality questionable patent” proposed by the legal and practical circles phenomenon.Over time,the phenomenon of “questionable patent” has become more and more serious in the field of patents,whether in developed countries with perfect patent systems or in developing countries like China.Existing research has been controversial about the specific definition of “questionable patent”,the nature of the law and the countermeasures.Most of the current research interests focus on the critique of the patent examination system.After reviewing these issues,this paper analyzes the causes of “questionable patent” from the four aspects of patent confirmation system,patent examination system,patent subsidy policy and applicants’ perspective,and then combines the US regulatory “questionable patent”,experience and practice,selected the perfect utility model system,strengthen the control of patent agents and strengthen the applicant’s disclosure obligations,and strive to improve the“questionable patent” phenomenon regulation in China.The introduction part states the significance of the topic of this study,summarizes the research status of the problem at home and abroad,and introduces the research content and research methods of this paper.Chapter 1 analyzes the concept of “questionable patent”,classifies “questionable patent” in detail,distinguishes “questionable patent” from some related concepts,and analyzes the nature of “questionable patent”.Chapter 2 analyzes the causes of “questionable patent” from four aspects: patent confirmation system,patent examination system,patent subsidy policy and applicants’ perspective.Chapter 3 first analyzes the US’s “questionable patent”,the evolution of the current patent system and related US judicial precedents from a macroscopic perspective.Then it focuses on the specific measures of the US regulatory“questionable patent”.Chapter 4 combined with the inadequacies in the legal regulation of China’s“questionable patent”,and drawing on the patent policy related to the “questionable patent” of the United States,and then based on the latest laws and regulations promulgated by the state,proposed a perfect utility model system and strengthened patents.Proposal for the control of the agent and strengthening the disclosure obligations of the applicant.