Research On Application Of Provisional Protection System Of Invention Patent In Our Country

The provisional protection system of invention patent refers to the protection system that the applicant can claim the appropriate fee from the entity or individual who has implemented his invention patent during the period from the publication of patent application to the date of patent grant.Therefore,based on the legal analysis of the provisional protection system for invention patents,this paper explores the ways and means to better apply the provisional protection system from the practical point of view,and puts forward suggestions to improve the problems in the provisional protection system.In addition to exploring the ways of administrative application,this paper also focuses on the analysis and interpretation of cases,exploring the application of the provisional protection system for invention patents in judicial practice,explaining the scope of application of provisional protection for invention patents,clarifying the principles of the scope of application,determining the scope of protection in the application,exploring the appropriate fees in the provisional protection system for invention patents,determining the principles of appropriate fees and the factors to be considered,and finally,by examining the application of the provisional protection system for invention patents in foreign jurisdictions.Finally,by exploring the application of the provisional patent protection system in foreign countries,we can gain inspiration from the application of different countries,analyze the problems arising from the application of the provisional patent protection system in China,and further put forward some suggestions for the improvement of the provisional protection system in China.It also addresses the problems of incomprehensiveness of the scope of protection,the lack of appropriate fees for temporary protection,and the lack of clarity of the boundary between the exercise of the right to request for temporary protection and the exercise of patent rights,and is of great significance in promoting technological innovation and stimulating inventions.The law also has important significance in promoting technological innovation and stimulating invention and creation.