十九世纪中期美国专利制度探析

An Analysis of the American Patent System in the Middle of the 19th Century

1836年《专利法》设立了以审查制为核心的专利管理程序体系,设立了专门机构--专利局。十九世纪中期是美国现代专利制度确立和发展的时期,专利主体和专利客体的范围得以扩大,延长了专利保护期限,规定了专利权可继承也可转让,在判例中确立了“双重专利”“等同原则”等充分保护和平衡专利权。十九世纪中期美国专利制度的特点是,实施亲专利政策,充分保护专利权益;专利与贸易挂钩,专利交易市场繁荣;“非显而易见性”萌芽,丰富专利性标准;司法介入确权纠纷,完善专利诉讼体制。其启示是,要适应社会需求,适时调整立法;平衡专利权益,加大专利保护;重视发明创造,拉动经济发展。

The Patent Law of 1836 established a patent administration procedure system with the examination system as the core,and established a special agency,the Patent Office.The middle of the 19th century was the period when the modern patent system in the United States was established and developed.The scope of patent subject and object was expanded,the patent protection period was extended,the patent rights could be inherited and transferred,and the“double patent”and“equality principle”were established in the case law to fully protect and balance patent rights.The patent system of the United States in the middle of the 19th century was characterized by the implementation of pro-patent policy and full protection of patent rights and interests;the linkage between patents and trade and the prosperity of the patent market;the sprouting of“non-obviousness”and the enrichment of the patentability standard;and the judicial intervention in the disputes over the right of ownership and the improvement of the patent litigation system.The enlightenment is to adapt to the needs of the society and adjust the legislation at the right time;to balance the rights and interests of patents and increase patent protection;and to attach importance to inventions and creations to stimulate economic development.