Research on the Application of the Principle of Good Faith in Patent from the Judicial Perspective
Recently,the field of patent law has introduced the principle of good faith,which stipulates that applying for patents and exercising patent rights should follow the principle of good faith,and patent rights should not be abused to harm public interests or the legitimate rights and interests of others.This article first analyzes the practical problems that may be faced when using the provisions of good faith in patent examination and approval practice.Based on this,it conducts targeted research on judicial interpretations and recent typical precedents related to the principle of good faith in the field of intellectual property.Suggestions are proposed based on the current situation of domestic patent applications and the characteristics of patent work.Firstly,the identification ability of dishonest behavior should be improved.Secondly,the burden of proof related to good faith should be balanced.Thirdly,the relevant provisions of good faith should be reasonably applied.Finally,the punishment mechanism for dishonest behavior should be improved.This article provides reference for the application of the principle of good faith in patent practice,so as to better play its due role in encouraging technological innovation and promoting high-quality economic development in the new journey of building a strong intellectual property country.
patentrevision of the Implementing Regulations of the Patent Lawgood faithrecognitionregulations
NETL
NSTL
万方数据
