專利審查國際協作制度構建之探析

Reconstructed International Cooperation Mechanisms of Patent Prosecution

由於全球的專利申請量激增，各國專利審查機構面臨著審查積壓的壓力，各國專利局一直協同努力建立各種信息共享的專利審查國際協作制度。雖然該制度在發展進程中面臨專利權的地域性、審查制度差異化、語言以及各國文化多樣性等問題，但各國基於合作的共同訴求，努力建立積極的對話和協調機制，為專利審查國際協作制度的發展開辟了廣闊的前景。我國應重視專利審查一體化發展趨勢，預設發展態勢和對策，完善專利審查法律制度，為專利制度的國際秩序奠定良好基礎。

With a rapid increase in the number of patent applications, countries around the world are experience backlogs due to the situation. In response, individual patent offices have introduced preliminary programs to share the workload and reduce redundancy, giving rise to the international cooperation mechanisms of patent prosecution. Although the cooperation mechanisms faces many problems, such as patent rights of sovereign right, diversity of examination regulation, linguistic and cultural diversity. As for the common aspiration of cooperation, countries efforts to build positive dialogue and coordination mechanism for patent prosecution, which has opened up broad prospects for patent international collaboration. It is important to pay an attention to the development trend of unification of patent examination, estimating development situation in order to determine the position and the direction of negotiations. China should lay a good foundation for international patent rules and regulations, taking the initiative in the development of the global patent system.