Research on the patent system

Author: Tan Qiping
Publisher:
Publish Date: 2005-06-01
Features: Patent (Patent) as a legal concept originates from the English term "Letters Patent," referring to a certificate of exclusive right signed by the British King and sealed with the royal seal. Since the content of this certificate grants a person exclusive rights to a certain technology awarded by the king, and the certificate is unsealed, anyone can open and view it, making the content public. Therefore, the original meaning of "Patent" includes two aspects: one is "monopoly," and the other is "public." Thus, monopoly and openness become the two basic characteristics of a patent. In Chinese literature, "patent" originally referred to the meaning of "exclusive monopoly" or "exclusive benefit," as seen in the phrase "Rong gong hao zhu luan" in "Zhou Yu Shang. Li Wang Shuo Rong Yi Gong" and "nǚ zhu luan er bu yan" in the "Zuo Zhuan." These ancient Chinese uses of "patent" differ significantly in meaning from the modern Chinese term "patent," which is rarely used today. As a legal term, it has long surpassed its original etymological meaning through years of usage and interpretation, evolving into a term with rich connotations. In patent law theory, the term "patent" carries different meanings depending on the context, primarily falling into three categories: 1. Patent refers to the exclusive right of the patent holder to their invention or creation under the law. In this sense, "patent" is equivalent to "patent right," such as the "patent" in "holding a patent for a certain technology," which refers to the patent right. 2. Patent refers to the invention or creation itself that has been granted a patent. Essentially, it refers to the object of patent law protection—namely, inventions, utility models, and designs. 3. Patent refers to the patent document containing the content of the invention or creation. For example, the "patent" in "go check the patent" refers to the patent document. Among these meanings, the most widely used interpretation of "patent" still refers to the patent right. In many contexts, the term "patent" is actually used to mean "patent right."