理解专利本质属性,打造高价值专利

Understanding the Essential Attributes of Patent Regime to Premise of High Value Patent Portfolios

排他属性、地域属性、时间属性是专利的三大本质属性并且以相应的法律依据为支撑,充分理解和掌握专利的本质属性是打造高价值专利及其组合的前提。阐述了三大本质属性的含义以及现实中存在的种种认知误区。以中美两国专利为例进行了讨论,包括相应的法律依据、两国法律规定下的异同,结论是共性多于差异,并论述了基于差异而引发的思考,尤其是诚实守信规则在中美两国知识产权领域的演进和变化。

Exclusivity,territory limit and duration limit are the three fundamentally essential attributes of patent regime,which are supported by the corresponding legal regulations.Full understanding and mastering the above-mentioned essential attributes of patent is the prerequisite for creating high-value patent portfolios.This paper deliberates the meaning of the three fundamentally essential attributes and the cognitive misunderstandings held by a vast majority of shareholders in the real world.Taking Chinese and American patent regimes as examples,we discussed the corresponding legal regulations,the similarities,and differences under the legal frameworks within the two countries.Conclusion is that the Chinese and American patent regimes resemble each other more than differentiate each other.Further discussion is made based on the differences,especially the evolution and change of application of the rule of honest and trustworthy in the field of intellectual property between China and the United States.