How to amend the patent law and see what Japan does.

At the end of the 20th century, the process of globalization advanced rapidly, and the appearance of international economic order fundamentally changed the nature of the global economy, affecting countries, enterprises and individuals in all countries and regions. An efficient intellectual property system has promoted the development of the global economy and played an important role in encouraging innovation, product development and technological innovation. In the intellectual property system, patent law is closely related to domestic industrial development and foreign economic competitiveness.

Mei Rongguo of tokyo institute of technology, Japan, discussed the latest revision of Japanese patent law and provided some revision cases, which has certain reference value for the revision of China's patent law. The research results were published in Beijing Law Review, an English periodical of Scientific Research Press, from September 2065438 to September 2002.

Scholars pointed out that after China joined the World Trade Organization in 200 1, its economic development has made great achievements, and it can keep pace with developed countries in the overall economic scale, but the legal system of intellectual property rights in China lags far behind the rapid development of industrialization, such as the revision of patent law. Japanese scholars believe that Japan has benefited a lot from the intellectual property laws of other developed countries. In Japan, patent protection has become the ultimate goal of industrial development. Japan is an important trading partner of China. In view of the rapid economic development of China and Japan, a clear understanding of Japanese patent law is helpful to improve China's intellectual property legal system. Japan's patent law has been revised frequently, which deserves our attention. There are many differences between Chinese and Japanese patent laws. For example, in China, there are three kinds of protection in patent law: invention patent, utility model and design. In Japanese patent law, patent only refers to invention patent. Protecting utility model and design are the tasks of utility model law and design law respectively.

China's current patent law was promulgated in 1984. Although it has been revised and improved many times (the latest one was in 2008), there are still some unresolved problems. For example, the provisions of the patent law do not provide legal protection for inventors in research, and this provision can remedy infringed patent rights. In contrast, according to the description of scholars, Japan often revises the patent law to meet the needs of industrial development. Japan's patent law was last revised in 20 1 1 year. In recent years, more and more Japanese companies have applied foreign technology to R&D(:D). Japan's new patent law mainly has these changes: first, it stipulates that even if it is not registered, the non-exclusive license will affect the patentee or the person who has the exclusive license right. Before the amendment of this law, non-exclusive licenses have no effect on anyone unless they are registered. The second is to stipulate that the patentee (the actual holder of the patent right) can apply for the transfer of the patent right under two circumstances. In one case, when a patent is jointly invented by several people in the same research and development, the purpose of amending the law is to protect the rights of the real inventor of the patent. On the other hand, when the patent applicant is not an inventor (stealing other people's inventions), or someone does not abide by the rules of joint application, he can apply for patent transfer.