The authorization standard of patent quality improvement means that the patent application documents meet the authorization conditions, but experienced lawyers can find defects within the scope of protection, thus successfully defending "pseudo-patent infringement"; The standard of winning the case means that the patent application documents are different from those of the predecessors, and it is difficult to be defended after constituting the elements of patent infringement.
Therefore, the author must master various typical cases and predict the influence of various wording on the success or failure of patent infringement litigation in the future. Due to poor writing and lack of internal evidence, the patent protection that should be obtained sometimes cannot be recognized according to law, which is the poor quality of patents.
Patent quality: countermeasures to improve patent quality;
1. Formulate and implement a patent strategy that pays equal attention to the quantity and quality of patents.
2. Revise and improve the patent laws and regulations, amend the patent law, improve the way of examination and authorization of design patents, and improve the system of utility model retrieval report.
3. Strengthen the moral education of the whole people, strengthen public opinion propaganda, guide the public and enterprises to use invalid procedures to reduce the harm of "junk patents", and guide patent applicants to apply in good faith and protect their rights in good faith.
4. Strengthen and improve the incentive mechanism of innovation achievements, strengthen the incentive of innovation achievements, and allow enterprises, scientific research institutions and science and technology intermediary organizations operated by enterprises to independently stipulate the incentive methods for contributors of scientific and technological achievements, including property rights incentives, under the condition of improving the corporate governance structure. The state confirms its legality and inviolability through legislation.