Delineation of Local Patent Legislative Jurisdiction: Principles and Methods

Abstract

local patent legislation has contributed to supplement, refine central legislation and accumulate legislative experience for it, but it often suffers from unclear legislative jurisdiction. In order to give full play to the function of local patent legislation, the scope of local legislative competence needs to be further explored. Therefore, local patent legislation should adhere to local characteristics, abide by inconsistency principle and follow encouraging invention direction, promoting patents application, protecting patent rights and interests and paying attention to patent services. Rationally adjust the proportion of different legislative models, such as executive legislative model, autonomous legislative model and antecedent legislative model to realize the flexibility and cheapness of local patent legislation.