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应对专利制度危机,较佳的选择是寻求专利制度自身的完善而非废除专利制度。在专利法基础理论体系中,应引入技术正义原则,并将其确立为专利法的基本原则,使之与利益平衡原则共同指导专利法的完善与发展。技术正义原则,不仅有助于专利法更好地处理正义、效率等价值目标的共同实现问题,而且有助于通过专利授权条件的提高、专利权无效宣告制度的完善来解决现实中专利制度遭遇的专利质量偏低等具体问题。
To deal with the crisis of the patent system, the better choice is to seek the perfection of the patent system instead of abolishing the patent system. In the basic theoretical system of patent law, we should introduce the principle of technical justice and establish it as the basic principle of patent law so as to jointly guide the improvement and development of patent law with the principle of balance of interests. The principle of technical justice not only helps the patent law to better handle the joint realization of the goals of value such as justice and efficiency but also helps to solve the problem of the actual patent system through the improvement of the conditions of patent authorization and the improvement of the system of invalidation of patent right The low quality of patents and other specific issues.