Discrimination between Counterfeiting Other's Patent,Imitating Patent and Patent Tort——Concurrently Talking About the 3rd Revision of the Patent Law

The relationship between counterfeiting other's patent,imitating patent and patent tort is always a difficult problem that puzzlest he theory and juridical practices.Under the thought of benefit balance,from the view of social public benefits we re-analyze the action ofc ounterfeiting other's patent;Counterfeiting other's patent and patent tort repel one another,and counterfeiting other's patent and imitating patents hall be integrated according to the law.