Research on the Relationship Between Invalid Patent and the Validity of Patent Contract
Article 47 of Patent Law has made provisions for retroactive effect on patent right which has been declared invalid. Any .patent right which has been declared invalid shall be deemed to be non-existent from the beginning. However, article 47 did not make any specification about the validity of patent contract. It caused the confusion of legal logic and confliction of the legislative system, and it cant dock with Contract Law successfully. This paper analyzed the validity and consequences based on the theory of impossibility of subject, we use methods of the legislative purpose and uniformity of legislative system to test the conclusion, in order to propose the amendments and provide clear guidelines for the application of patent law.
Invalid patents Validity of contract Impossibility of subject matter Retroactive effect
Huang Liping Zhang Lina
School of Art and Law, Wuhan University of Technology, Wuhan, P.R.China, 430070
国际会议
The 8th International Conference on Innovation and Management(第八届创新与管理国际会议 ICIM 2011)
日本福冈
英文
897-900
2011-11-30（万方平台首次上网日期，不代表论文的发表时间）