美国专利再发证及中用权制度研究

发布时间：2018-03-07 19:38

本文选题：再发证　切入点：复夺　出处：《华东政法大学》2009年硕士论文　论文类型：学位论文

【摘要】： 随着中国加入世界贸易组织之后,政治、经济、文教、科技方面都有相当程度的进展.同时在科技产品占据优势的企业滥用知识产权的现象也造成技术市场中交易利益上的失衡,加上中国出口的产品在美国的市场当中占有相当大的比例,早期虽然中国依靠廉价的劳动力在世界各国取得相当程度的竞争优势,但随着中国生活的改善,此种优势也正逐渐失去当中,也就是说,中国的劳动工资正逐渐的提高成长,中国不再是各外国企业所愿意设立制造工厂的最佳场所,相反地外国企业利用知识产权的强大优势,迫使中国企业支付高额的权利金,因此有必要深入了解美国的专利制度,所谓知己知彼,方能决战于千里之外.美国为现今专利核准后有条件接受扩大专利范围的国家,早在十九世纪即有此制度之建立,对于中国是否也考虑让专利权人领证后变更扩大其专利范围,美国再发证制度提供我们一个考量的参考.美国容许扩大专利范围,亦考量到变更后之权利范围与公众利益的冲突,故有中用权作为利益衡平之基础,有了这样的经验,更是有助于中国日后是否允许事后变更扩大权利范围之标准。对应美国再发证制度,探究目前中国复审及无效请求制度,希望能藉由对照两国不同处以比较是否有未尽完善之处。盼望对现行中国复审及无效请求制度能有所助益,以达到兼顾公众与专利权人权益之目标与理想。
[Abstract]:With China's accession to the World Trade Organization, politics, economy, culture and education, There has been considerable progress in science and technology. At the same time, the abuse of intellectual property rights by enterprises that enjoy the advantage of scientific and technological products has also resulted in an imbalance in transaction interests in the technology market. In addition, Chinese exports account for a large proportion of the US market. Although China gained a considerable degree of competitive advantage in the world by relying on cheap labor in the early years, with the improvement of life in China, This advantage is also gradually being lost, that is, China's labor wages are gradually increasing and growing, and China is no longer the best place for foreign companies to set up manufacturing plants. On the contrary, foreign enterprises take advantage of the powerful advantages of intellectual property and force Chinese enterprises to pay high royalties. Therefore, it is necessary to have a thorough understanding of the patent system in the United States, so that they know what they are and what they call themselves. The United States has established this system as early as 19th century for countries that are qualified to accept the expansion of the scope of patents after the current patent approval. As for whether China will also consider allowing the patentee to change and expand the scope of its patent after receiving the license, The reissue system in the United States provides us with a reference for consideration. The United States allows for the expansion of the scope of patents and also takes into account the conflict between the scope of rights after the change and the public interest. Therefore, the United States has the right to use China as the basis for balancing interests. With such experience, It will also be helpful to China in the future whether to allow changes in the criteria for extending the scope of rights afterwards. In response to the United States re-issue system, it will explore the current Chinese review and invalid request system. It is hoped that the comparison between the two countries will not be perfect. It is hoped that the current system of review and invalidation in China will be helpful in order to achieve the goal and ideal of taking into account the rights and interests of the public and the patentee.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD913

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