浅议专利审查程序中听证与效率的平衡

On the Balance Between Hearing and Efficiency in the Patent Prosecution Procedure

国务院专利行政部门履行专利审查职能。对于发明专利申请,专利审查程序包括初步审查程序、实质审查程序和复审请求审查程序。听证原则是在三个程序中都应当遵循的原则之一。程序节约原则,又称效率原则,是行政审批流程中的天赋原则。要正确权衡和把握听证原则与效率原则之间的关系。与实质审查程序衔接的前置审查程序是复审请求审查程序的一个组成部分,正确认识前置审查的作用、合理运用证据是实现听证与效率统一的有效措施之一。

The patent administration department under the State Council is responsible for patent examination work. For the invention application, patent prosecution procedure comprises preliminary examination procedure, substantive examination procedure and reexamination procedure. Hearing principle is one of the principles which should be observed during these three procedures. Principle of procedural economy, also named efficiency principle, is an inherent principle in the administrative procedures. The relationship between the principles of hearing and efficiency should be kept balance and well handled. Interlocutory examination procedure connected with substantive examination procedure is a part of reexamination procedure. Understanding the function of interlocutory examination procedure correctly and applying evidence reasonably can contribute to realize the unity of hearing and efficiency.