1. Natural rights theory (property theory)
The rights arising from the inventor's spiritual creative labor are natural rights and are inalienable. Their existence has nothing to do with state authorization. National law only protects this right from infringement. State authorization only proves the inventor's existing natural rights.
2. Intangible property theory (property theory)
When people invent and create, it is as if they integrate part of their own lives into the invention. Infringement is considered a violation of the inventor's personal rights. This theory emphasizes the ideological nature of the invention’s labor results and the essential characteristics of the inventor’s rights, thus distinguishing the inventor’s rights from the rights of the owner of the results, that is, clearly dividing the inventor’s property rights and personal rights. The inventor's property rights are transferable, while personal rights are indivisible and non-transferable rights with the inventor.
3. Contract Theory
In order for the inventor to control the use of the invention, the inventor should have the right to prohibit others from using it. To this end the inventor can enter into a contract with society. Under the contract, the inventor is obligated to make his technology public in exchange for exclusive rights to use it. According to the contract theory, the patent system is a special contract system signed between society in the form of a country and the inventor. For inventors, obtaining monopoly rights through disclosure of technology can compensate for the labor and expenses incurred in invention and creation activities, and can also obtain greater benefits. The benefits to society are in the form of new knowledge that enriches science and technology and serves as a condition for their further development. After the patent term expires, the invention becomes a public asset of society and can be freely used by the public. This theory encourages people to innovate, disclose technology, and obtain patent monopolies to create greater benefits.
4. Competition Theory
The adjustment of national economic policies takes competition as the main means. Patent laws that serve economic purposes are naturally inseparable from the competition mechanism. The role of competition is to eliminate backward enterprises in a timely manner, eliminate outdated technical methods and products, and adopt new methods to produce new products. The form of competition is not only reflected in the price, advertising, product novelty and quality in the market, but also includes competition in scientific research and technology development to prepare for competition in the market. Scientific research and technological development have become decisive factors in the competitive process. The patent system is one of the important means to carry out scientific research competition. It not only promotes the development of competition, but also protects the vital interests of competitors. Especially for fields with long scientific research cycles and high starting points for inventions, if we can use the competition mechanism created by the patent system to guide scientific research and production with the latest and most accurate patent technology information, and eliminate outdated processes and methods in a timely manner, we can promote The technology in these fields keeps pace with the world's advanced levels.
5. Industrial policy theory
This theory believes that the patent system is a means to promote technological and economic progress. It emphasizes the interests of the public and society and puts the personal interests of the inventor Put it on the back burner. Its main points are: (1) The patent system encourages enterprises to actively invest in technology development and implementation of inventions, thereby promoting the technological and economic progress of society; (2) The patent system encourages inventors to make their latest technologies public to the world, Enable society to understand new technologies and new knowledge as soon as possible, which is conducive to the exchange and dissemination of technical information, thereby promoting industrial development; (3) If patent rights are granted in certain fields related to the national economy and people's livelihood, it will cause "rights abuse" or constrain the development of the country's industry , these fields can be temporarily excluded from patent protection, and the scope of protection can be relaxed after the scientific and technological level in these fields improves. This is based on the overall interests of the country. (4) The level of patent protection is consistent with the economic and technological level, and patent protection must be adjusted by public policies.
6. Interest balance theory
The patent system is regarded as a kind of interest distribution, legal choice and Integrate. The patent law itself is a system designed to balance the monopoly interests of intellectual property owners and the interests of the public. It aims to achieve an ideal balance between social interests that stimulate the demand for invention and creation. The balance of interests between the patentee's private interests and public interests is the cornerstone of the patent legal system.
In the patent law, there is a contradiction between the patentee's exclusive rights to his inventions and the public's legitimate demand for intellectual products. The use of intellectual products with dual attributes of public products and private products , distribution and benefit sharing to make reasonable arrangements to achieve the fair and just value objectives of the patent law. The provisions that restrict patent rights stipulated in the Patent Law, such as time limits, fair use, compulsory licenses, etc., are all reflections of the balance of interests