对现阶段专利审查工作的基本分析

The Basic Analysis of Current Patent Examination

专利权兼具私权属性和公权属性,这两个属性在不同阶段、不同方面上各有侧重,在授权、确权过程中多体现为公权属性,在权利行使过程中多体现为私权属性。做好中国专利审查工作要注重市场理念,体现专利审查的政策工具属性,以满足国内合理需求为导向。在该指导思想下,着重从审查标准和审查质量、审查周期、审查服务三个方面提出中国专利审查工作的目标和改进措施。

Patent right is both public and private right, it has different nature at different stages. For example, in the process of authorization, patent right is more likely public right,however, in the exercise of the right, its private right nature is more obvious. Chinese patent examination should pay attention to the market concept, reflect the instrumental nature of the patent examination policy and be oriented by the domestic reasonable needs. Under such guiding ideology, this paper puts forward the goal of Chinese patent examination from the perspective of examination criteria, examination quality and examination period. This paper also discusses the improvement measures for Chinese patent examination.