专利条约下“潜水艇专利”策略及其合法性分析

随着知识经济的发展,＂潜水艇专利＂策略已成为国家或企业获取利益的竞争手段。然而,部分学者和企业家认为其违反了专利信息披露义务,应被取缔。笔者则认为比较合理的做法是维持现状。本文从该策略的表现形式和合法性出发,探讨其致损的原因及应对对策,以期更好地面对这场知识产权之战。

An Analysis on "Submarine Patent" Tactics and Its Validity under the Patent Treaties

As a competition means for a state or a company to maintain profit,"submarine patent" tactics has come into being with the development of knowledge economy.Some scholars and enterprisers think that the strategy act against voluntary patent information disclosure and appeal for abolishing it.However,in my opinion,it’s a reasonable choice to maintain status in quo.This paper analyses some forms of "submarine patent" and its validity.Based on this,the passage discusses reasons of the damages brought by the strategy and countermeasures in order to successfully deal with this battle of intellectual property rights.