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专利权源自于个人创造性的智力劳动,担负着促进整个社会科学技术发展的使命,在本质上是一种私权,是一种保护权利人智力劳动成果的专有垄断权。随着现代科学技术的飞速发展和市场竞争的日益激烈,在注意对个人利益尊重与保护的同时,专利权越来越被权利人不恰当地行使,超出了合理、合法的限度,又成为技术进步和市场竞争的一大障碍。在法律的适用过程中,就是在专利权的保护和维护竞争秩序之间寻找一个平衡点,以求个人利益与社会利益的和谐统一。
Patent rights originate from the creative intellectual work of individuals and bear the mission of promoting the development of social science and technology as a whole. It is essentially a private right and a monopoly right to protect the intellectual labor of right holders. With the rapid development of modern science and technology and the increasingly fierce market competition, while paying attention to the respect and protection of individual interests, the patent right is being improperly exercised by the right holders beyond the reasonable and legal limit and becomes the technology A major obstacle to progress and market competition. In the process of the application of law, it is to find a balance between the protection of patent rights and the maintenance of the order of competition in order to achieve the harmony between personal and social interests.