专利权共有制度初探.pdfVIP

Abstract The so-called joint patent refers to two or more of the civil subjects share patented invention together. With the rapid development of modern science and technology, ownership in the technical field of science and technology is becoming more frequently, patents and other intellectual rights has become one of the objects of the joint ownership. Chinas joint ownership of the total system which is the basic issues of the real right system has been developed more perfect and more mature, but there is no system provisions of the joint patent in Chinas current Patent Law, so in the current judicial practices, the deal with the issues related to the patent is always applied to the provisions of joint ownership as a solution, which is not only be not conducive to the reasonable protection of the patent owners, but also not conductive to bring the utility of the joint patent technology into full play. The patent which as a incorporeal right has different characteristics with the ownership, which means that the institution of the joint patent should be consistent with its own characteristics and not directly applied the rules and the theory of the joint ownership. Therefore, compare the joint patent and the joint ownership and establishing a total system of joint patent to its own characteristics will be mainly discussed in this paper. The paper studied from five aspects: introduction, joint patent Overview ，the defect of the joint patent provisions in China’s Patent Law, Comparative Analysis of join t Patent and the legislation of the joint patent. The first chapter of this article summarized the background and the research status of the thesis. The secon