发明初审阶段中敏感问题的审查标准研究

Study on Examination Criteria of Sensitive Issues in Preliminary Examination on Invention

为保障专利申请文件的出版公布质量,针对发明初审阶段中遇到的妨害公共利益或侵犯他人合法权益等不宜公布的敏感信息等问题,深入解读相关法条及法条背后的立法目的、不同法条之间的关系与差异,梳理法条的适用规则,提出符合立法目的的审查策略;为贯彻法律精神,增强立法的有效性以真正实现依法行政,提出相关法规修改及出版公布方式的建议。

For the quality assurance of the publication of patent application documents, it is suggested examination strategies in preliminary examination on invention against sensitive information which should not be released due to the fact of infringement to public interest or legal rights of others. The strategies are based on depth interpretation of relevant articles and their legislative purpose, application rules and relations and difference between different articles. And it is advised on modification of relevant articles and way for publication to implement the spirit of the law, and enhance the effectiveness of legislation in order to truly achieve law-based administration.