发明专利权临时保护探悉

我国专利法对发明专利权临时保护问题只作了原则性的规定,可操作性不强。我国是大陆法系国家,立法的不完善将带来司法的混乱。从对照中外专利法在此问题上的立法差异入手,建议在下次专利法修改中增加临时保护的补偿金标准,以主观善恶确定补偿金数额,允许对发明人的申请有条件的提前进行实质审查,同时也要明确专利权临时保护的范围,以此对专利法进行完善。

Study on Provisional Protection of Invention Patents

The principal specification is regulated for the provisional protection of the invention patent in the patent law in our country,which is not easily maneuverable.Law in our country belongs to the civil law system,so the faultiness in the legislation will cause disorder to the judicatory.The discrepancy of exclusive law between home and broad was studied in the paper and it was advised that when the patent law is amended next time,the standard of compensate should be added,the compensated amount should be confirmed according to subjective good and will,the material review can be advanced in some situation,and the range of the provisional protection should also be definite.