The root of junk patents:
First of all, from the purpose of the patent system, it not only promotes innovation and productivity development, but also has the function of promoting information dissemination. Facts show that there are few patents that are actually put into production and application, whether in developed countries such as the United States and Japan or in developing countries with certain innovation ability such as China. This is because technological invention has always been a "trial and error mechanism", and it is a process of determining feasibility through research, especially commercialization. Patents that have not been put into production have also saved a lot of social costs and generated certain benefits through information diffusion.
Secondly, for utility model patents and design patents with a large number of applications, formal examination means that authorized patents only have formal legitimacy and cannot guarantee the stability of rights. Therefore, it is normal for these two kinds of patents to have disputes, and it is necessary for the obligee or interested party to file an application through certain procedures, and the patent examination organ will determine whether it meets the substantive requirements of the law. Why don't we have a substantive review of utility models and designs? As mentioned above, since most patents do not have to be put into production, legal disputes are unlikely to occur, and they only have information value, so it is of little significance to invest more money in substantive examination. On the whole, formal review is a reasonable way, which can not only ensure the dissemination of information, but also enable relevant producers to find conflicts of interest in time.
Thirdly, for design patents, according to the law, patent design only requires different and dissimilar designs, and does not require more innovation. Some people complain that "applying for a design patent for some common and obvious things, such as horses, cows, sheep, tigers, cats and dogs, or to crack down on competitors' behavior, is actually a manifestation of patent abuse." "This statement is actually untenable, because the products formed by industrial manufacturing cannot be the animals themselves, even if they are lifelike, they will never be" exactly the same "as the primitive animals. That is to say, although the object is the same, the expression must be different, and the design patent protects this different expression.