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专利法自一九八五年四月一日施行以来,执行情况怎样?效果如何?笔者在上海市工业企业,科研机构、理工科大学以及专利事务所等单位进行了调查。普遍认为,专利法的颁布实施,对于保护和鼓励发明创造及其推广应用,促进科学技术的发展,起到了积极的作用。然而在实施过程中,也暴露了不少问题,需要探讨和解决。(一)专利申请的时间问题专利法第三十四条规定:“专利局收到发明专利申请后,经初步审查认为符合本法要求的,自申请日起十八个月内,予以公布”。笔者认为“十八个月”的期限太长,难以使专利发明尽快发生效益。试想,一个发明专利有效期限最多十五年(实际寿命比这个期限往往要短得多),单单申请就要一年半,实质审查自申请日起三年内提出,经审查、公告、批准全过程,就目前审查专利的速度来看,至少也需要一年半到两年。如果在三年有效期间提出实质审查的
Since the implementation of the Patent Law since April 1, 1985, how has it been implemented and how effective have it been? The author conducted a survey in Shanghai's industrial enterprises, research institutes, universities of science and technology and patent offices. It is generally agreed that the promulgation and implementation of the Patent Law have played a positive role in protecting and encouraging inventions and inventions, promoting their application and promoting the development of science and technology. However, in the implementation process, it also exposed many problems that need to be explored and resolved. (A) the time of the patent application Article 34 of the Patent Law states: “After receiving the application for an invention patent, the Patent Office, after preliminary examination that meets the requirements of this Law, shall publish it within 18 months from the date of application” . The author believes that “eighteen months,” the deadline is too long, it is difficult to make the patented invention as soon as possible benefits. Imagine, an invention patent valid for up to fifteen years (the actual life expectancy is often much shorter than this period), a single application will be a year and a half, substantive examination made within three years from the date of application, the review, announcement, approval of the entire process At present, it takes at least a year and a half to two years for the current rate of patent examination. If the substantive examination is submitted during the three-year validity period