Research On Legal Regulation Of Abnormal Patent Application

Under the historical background of reform and opening up,China’s patent system began to be established,and after decades of vigorous development,China has long been the largest patent application country in the number of patent applications for many consecutive years,including not only domestic patent applications,but also PCT international patent applications.In 2022,the number of Chinese mainland patent applications has exceeded 3 million,reaching this milestone for the first time in the world;According to relevant data released by the World Intellectual Property Organization,the number of PCT patent applications worldwide in 2022 will be 278,100,and the number of PCT patent applications in China will exceed 70,000,accounting for about 1/4 of the total number of applications.However,the level of patent development needs to integrate the number of patent applications and the quality of patent applications,which complement each other and are indispensable.Although the number of patent applications in China ranks first in the world,but China’s comprehensive innovation ability is worrying,the quality of patent applications is difficult to guarantee,in recent years,China’s patent development and construction trend has undergone a huge transformation from the pursuit of quantity to the pursuit of quality,in order to eliminate the bubble part of the patent application process,the State Intellectual Property Office began to increase the crackdown on abnormal patent applications.At present,the main means to regulate abnormal patent application behavior is administrative means,due to the lack of perfect legal basis,there are many problems in the regulatory process,cracking down on abnormal patent application but also bringing a lot of trouble to normal patent application,this paper starts from the existing situation of abnormal patent application regulation in China,analyzes the reasons for abnormal patent application,the lack of abnormal patent application administrative regulation,and draws on foreign experience.Therefore,further research and analysis of the legal regulation of abnormal patent applications and reasonable suggestions are put forward.The text is divided into four chapters.Chapter 1 discusses the theoretical basis of the study on the legal regulation of abnormal patent applications,provides a legal definition of abnormal patent applications,and further discusses the necessity of legal regulation and the legal principles on which it should be based.Chapter 2 analyzes the current situation and existing problems of abnormal patent application regulation,points out the shortcomings of administrative regulation and the lack of legal regulation system,and discusses various problems arising from abnormal patent application regulation under the existing circumstances;Chapter III provides reasonable and sound suggestions for the legal regulation of abnormal patent applications in China on regulatory measures adopted by countries outside the region in the face of similar situations,and Chapter IV provides reasonable and sound suggestions for the legal regulation of abnormal patent applications.