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Release date: March 2, 2004
Patent system is a legal system that protects and encourages inventions, promotes the popularization and application of inventions, and promotes scientific and technological progress and economic development in accordance with the patent law. It is the product of the development of commodity economy to a certain stage, provided that the level of scientific and technological development is compatible with the level of economic development. The origin of the patent system can be traced back to the Middle Ages or even earlier. At that time, European countries were still at the end of feudal society, but handicraft workshops had appeared. In order to develop the economy, the monarchs of some countries give businessmen or craftsmen the right to operate or produce new products tax-free for a certain period of time. However, this kind of exclusive right is only the privilege granted by feudal emperors to inventors, and has not yet formed a formal legal protection system.
The first country in the world to establish a patent system was Venice at that time. 1474 Venice promulgated the world's first patent law. Although this patent law has some characteristics and factors of modern patent law, it is quite simple and rude, with a strong color of feudal privilege and low guarantee efficiency. The modern patent system in the true sense has been gradually formed, developed and perfected with the continuous development of capitalist economy and the firm establishment of capitalist mode of production since the17th century. 1624, Britain promulgated the Monopoly Law, which is called the beginning of modern patent law. Its basic principles and some specific provisions have been imitated and used for reference by many countries when formulating patent laws. After entering the18th century, European and American countries have successively promulgated patent laws. Up to now, more than 70 countries and regions in the world have implemented the patent system.
With the universal implementation of the patent system in all countries in the world and the high development of international economy and science and technology, it is urgent to require the patent system to be integrated internationally, and gradually simplify and unify its substantive content and application approval degree. Therefore, a series of multilateral international or regional treaties have been signed to protect patents or industrial property rights, such as the Paris Convention for the Protection of Industrial Property signed in 1883. Strasbourg agreement on international patent classification 197 1, European patent convention and patent cooperation treaty 1978, agreement on trade-related intellectual property rights (including trade in counterfeit goods) 199 1, etc. , solved the problems including national treatment. A series of problems, such as the formulation and unification of various protection objects and patent classification methods, the simplification and unification of various application and approval procedures, and the unification of protection standards, mark the international integration of the patent system and enter a brand-new development stage.
Strictly speaking, the establishment and formation of China's patent system began after the Revolution of 1911.
After the founding of New China, the State Council, the central people's government, promulgated the Provisional Regulations on the Protection of Invention Rights and Patent Rights in August 1950, but failed to implement them seriously.
1978 After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, in order to meet the needs of accelerating the pace of reform, opening up and socialist modernization, under the instructions of the CPC Central Committee and the State Council, China began to establish a patent system. On March 1979, China established a patent law drafting group and began drafting the patent law. After five years' investigation and revision, in March 1984, the fourth session of the 6th the National People's Congress Standing Committee (NPCSC) passed the People's Republic of China (PRC) patent law, which was implemented in April 1985.
Meanwhile, China joined the World Intellectual Property Organization on June 3rd 1980 and the Paris Convention for the Protection of Industrial Property on March 9th 1985. Since then, China's patent industry has entered a new historical period.
In order to further adapt to the development of international intellectual property protection and the needs of China's deepening reform, opening wider to the outside world, establishing a socialist market economy and joining the WTO, and realizing the integration with the international patent system, the 27th meeting of the 7th the National People's Congress Standing Committee (NPCSC) adopted the Decision on Amending the Patent Law of People's Republic of China (PRC) on September 4th, 1992. This decision shall come into force on June 1, 993, 1. This is the first revision of the patent law. On August 25th, 2000, the 9th the National People's Congress Standing Committee (NPCSC) adopted the Decision on Amending the Patent Law of People's Republic of China (PRC). This decision shall take effect in July, 20001year. Through this revision, the protection standard of China's patent law has basically reached the international level. At the same time, China officially became a member of the Patent Cooperation Treaty from 1994 65438+ 10/,making China's patent work on an equal footing with industrialized countries and regions such as the United States, Japan and Europe. All these indicate that the patent work in China has stepped onto a new stage and entered a new stage of development.
2. The patent system has been established for 300 years. It develops with the progress of science and technology in human society and the development of commodity economy.
The embryonic form of patent system sprouted in medieval Europe. /kloc-in the middle of the 0/5th century, the prototype of the patent system was first born in Britain and Italy, where the commodity economic relations were initially developed. This is the monopoly right granted by the feudal monarchy to some businessmen or craftsmen to operate a certain technology exclusively. For example, 142 1 year, Florence, Italy * * * and the Republic granted Nellecci a three-year monopoly right to the "powerful driving barge" invented by Nellecci. 1474 Venice promulgated the world's first patent law. In order to attract and encourage inventions, Venice granted a 20-year patent to Galileo, a famous scientist. Venice patent law has laid the foundation of modern patent legal system and is the embryonic form of modern patent. If Venice patent law is regarded as the origin of earning direct use rights, it has a history of 00 years in Europe.
With the rise of capitalist industrial revolution, the further development of commodity economy and the increasingly fierce market competition, the modern patent system has entered a development period from the embryonic stage. In modern times, the world's first complete patent law was produced in Britain, which is the monopoly law promulgated by Britain in 1623. This law is regarded as the originator of modern capitalist patent law. This Monopoly Law is the second milestone in the history of the development of the world patent system, and has initially possessed the basic elements of modern patent law. Therefore, on the eve of their industrial revolution, other countries in Europe and America followed the example of Britain and established patent systems in succession. The United States and France promulgated the first patent laws in 1790 and 179 1 respectively. Subsequently, some developed countries, such as the Netherlands, Austria, France and Japan, successively promulgated their own patent laws.
In the process of formulating and implementing the patent law, major capitalist countries have constantly revised and improved their own patent laws according to the development of modern technology and the practice of patent system, making the patent law a legal system to protect the interests of inventors and promote the development of science and technology. In the Patent Law, the state recognizes the inventor's creative achievements as the inventor's property rights, and grants him the exclusive monopoly right for a certain period of time, in exchange for the inventor to disclose his invention achievements to the society, so as to properly solve the interest relationship between the inventor and society.
In order to adapt to the progress of science and technology and the development of international economy, technology and trade, from the end of 19, the patent laws of almost all countries that have established patent systems are both domestic laws and foreign-related laws. Because the patent law is regional and only valid within its own scope, enterprises or individuals from one country apply to another country and obtain patent rights. Otherwise, the technology will not be protected in another country. In order to attract more inventions and achievements and promote China's scientific and technological progress and economic development. In order to attract more inventions and promote the scientific and technological progress and economic development of their own countries, the patent laws of many countries have broken through geographical restrictions and do not impose special restrictions on foreigners' right to apply for patents. Inventions and creations at home and abroad are also protected by law. 1883 The Paris Convention for the Protection of Industrial Property is the first international convention for the protection of industrial property rights (patents, trademarks, etc.). ) in history. The principles of "national treatment" and "international priority" stipulated in this convention provide convenience for nationals of one country to obtain patent rights in other countries. The so-called national treatment principle, as far as patents are concerned, is to ensure that the nationals of a contracting state enjoy the same rights and interests as those of the nationals of that country in the territory of other contracting States. The so-called principle of international priority is to ensure that patent applications filed by nationals of contracting States in other contracting States within a certain period of time can be regarded as filed on the day when the first application was filed in their own countries. In this way, the rights will not be lost because the invention has been published and utilized after the applicant filed his first application in his own country, or because others filed an application. Paris Convention is the embryonic stage of the internationalization of patent system.
Subsequently, the World Intellectual Property Organization was established in 1967 and came into force in 1970. 1970 signed a patent cooperation treaty, stipulating that if an invention needs to be patented in several countries, the applicant can apply through a single channel, and a single institution will search and examine it, and at the same time, the patent right can be obtained in several countries. Of course, whether a patent application can be approved depends on the national patent law. This can be said to be the first step in the internationalization of the patent system.
In addition, some regional patent cooperation organizations have also been established. Such as 1973 and 1977; 1962 Libreville agreement signed by French-speaking African countries; 1976 and other English-speaking African countries.
The international protection of patents is forming the development trend of international integration and regional integration. 1993 12 16 the Uruguay round negotiations of the general agreement on tariffs and trade also listed intellectual property services related to non-governmental trade as the negotiation topic, and reached the agreement on trade-related intellectual property rights (including trade in counterfeit goods), which marked the formation of a new international standard with the highest level of intellectual property protection.
Tomoko