未经保密审查向外国申请专利的法律责任探析

Analysis of the Legal Liability of Filing an Application for Abroad Without Confidentiality Examination

本文以一件请求宣告专利权无效案为引子,从权利义务、法律责任分配等角度深入讨论了未经保密审查向外国申请专利应当承担的法律责任。本文首先介绍了与保密审查有关的法律规定,并对相关法律规定的立法本意进行了分析。在前述分析的基础上,指出现行法律中存在的不足并提出了改进建议。

In this paper, a case of invalidation of patent right is cited as an introduction, and the legal liability of filing patent application for abroad without confidentiality examination has been discussed in detail from the aspects of rights, obligations and the distribution of legal responsibilities. This paper first introduces the legal provisions related to confidentiality examination, and analyzes the legislative intention of relevant laws. On the basis of the foregoing analysis, the deficiencies in the current law are pointed out and some suggestions for improvement are put forward.