As an imported product, China's patent law has some related problems in judicial practice, which should be effectively adjusted according to China's specific practice and national conditions, and the specific provisions in the law should be studied more effectively. 1. What is the patent law? Patent law is the sum total of legal norms to adjust certain social relations arising from inventions and promote technological progress and economic development. As far as its nature is concerned, patent law is both a domestic law and a foreign-related law; It is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, examination and approval. It is not only a law to adjust the vertical relationship between patent application, examination, approval and patent implementation management, but also a law to adjust the horizontal relationship between patent ownership, patent transfer and license. It is not only a law to adjust the patent personal relationship, but also a law to adjust the patent property relationship. 2. What are the provisions of the Patent Law on the qualifications of the applicant for a patent for invention, the objects protected by the Patent Law, the procedures for patent application and examination, the conditions for obtaining a patent, the patent agency, the ownership of the patent right, the occurrence and extinction of the patent right, the protection period of the patent right, the rights and obligations of the patentee, the license for patent implementation, transfer and use, and the protection of the patent right? Iii. How to understand the contents of Article 16 of the Patent Law Article 16 A unit granted a patent right shall reward the inventor or designer of a service invention-creation; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained. 1. According to this regulation, the patent right for service invention-creation belongs to the unit where the inventor or designer works, which is the patentee and enjoys all the rights granted to the patentee by law. Although the inventor or designer can't enjoy the patent right of service invention-creation, he should be rewarded for his intellectual work, which is conducive to giving full play to the enthusiasm of individual invention-creation and promoting scientific and technological progress and innovation. 2. According to the provisions of this article, the entity that has been granted the patent right shall reward the inventor or designer, regardless of whether the invention-creation that has been granted the patent right has been implemented or not and whether it has created economic benefits. After the patent for invention-creation is implemented, the entity granted the patent right shall also give the inventor or designer reasonable remuneration according to the scope of popularization and application of the patent for invention-creation and the size of the economic benefits obtained. To sum up, although the inventor or designer can't enjoy the patent right of service invention-creation, regardless of whether the patented invention-creation has been implemented and whether it has created economic benefits, he should be rewarded for his intellectual work.
Legal objectivity:
The Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes (II) was adopted by the the Supreme People's Court Judicial Committee at its1676th meeting on 20125/0, and is hereby promulgated, and shall come into force as of April 25, 20 16. The Supreme People's Court 42450 Law Interpretation [20 16]No. 1 "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (II)" (adopted at the1676th meeting of the Supreme People's Court Judicial Committee on April 65438, 2006, and implemented on April 65438). Article 1 Where there are more than two patent claims, the obligee shall specify the specific request of the accused infringer to infringe his patent right in the complaint. If the indictment is not recorded or clearly recorded, the people's court shall require the obligee to make it clear. If the obligee is still unclear after explanation, the people's court may rule to dismiss the prosecution. Article 2 In a patent infringement lawsuit, if the claim claimed by the obligee is declared invalid by the Patent Reexamination Board, the people's court hearing the patent infringement dispute case may rule to reject the lawsuit of the obligee based on the invalid claim. If there is evidence to prove that the decision to declare the above-mentioned creditor's rights invalid has been revoked by the effective administrative judgment, the obligee may file another lawsuit. If the patentee files a lawsuit again, the limitation period of action shall be counted from the date when the administrative judgment mentioned in the second paragraph of this article is served. Article 3. Where the patent right is declared invalid due to obvious violation of the provisions of paragraphs 3 and 4 of Article 26 of the Patent Law, and the specification cannot be used to interpret the claim, and it does not belong to the circumstances as stipulated in Article 4 of this interpretation, the people's court hearing the patent infringement dispute case shall generally decide to suspend the lawsuit; If the patent right has not been declared invalid within a reasonable period, the people's court may determine the scope of protection of the patent right according to the records in the patent claim. Article 4 There are ambiguities in the grammar, characters, punctuation marks, figures and symbols in the claims, specifications and drawings, which can be passed by ordinary technicians in the field.