专利无效补偿机制之探讨

以提高创新能力、促进技术进步和经济社会发展为宗旨的专利法,为专利申请人设立了许多权利与义务,在申请程序与核准后随之而来的义务之一则是费用缴纳成本,包含申请、审查以及维护专利存在的年费等。若专利权后来被无效确定后能够在合理范围内将部分曾经缴纳的费用适当地返还于原权利人,则有利于使发明创造者更愿意将其技术方案申请专利并积极地进行新的发明创造,从而推动科学进步和经济社会发展。

Analysis on the Compensation System of Patent Invalidation

The Patent Act establishes a plurality of rights and obligations to patent applicants in order to improve the ability of innovation, encourage the progress of technology, and stimulate the development of economy and society. One of the obligations of the patent applicants is to pay fees including the filing fees, the examination fees, and the annuities in the prosecution and the patent term. It would be beneficial to encourage the progress of technology, and stimulate the development of economy and society since the inventor discloses his new invention enthusiastically by returning a portion of fees to him in reasonable manner under the circumstance that his patent is invalidated.