The Effective Of Chinese Patent System:Theory And Empirical Analysis

The function and performance of patent system has been a controversial issue. There are three kinds of opinion in the academic circles, respectively "Beneficial Theory","Harmful Theory "and" Useless Theory "."Beneficial Theory" emphasizes the patent system can encourage innovation, disclosure information, financing and promote technical trading functions;"Harmful Theory" think the patent system is means that the enterprises build competitive advantage to beat the opponent, it will produce the blocking effect on technology innovation;"Useless Theory" believe that the effect of patent system on innovation is negligible, other mechanisms of innovation return is the most important.In view of the current debate, the thesis put out "contextualism of effective patent system hypothesis", that the patent system is effective or not depends on interacting between the patent system inherent contradiction and external economic environment. Inherent contradictions refers that function of the patent system is not one, it not only has the beneficial side, also has harmful side to technological progress; the motivation people use patent is complicated, the policy makers often care for this but lose that; while the economic environment refers to the innovation ability, technical development, national openness, market competition and technology policy. Therefore in the different time and the different condition, should be designed the adaptability patent system, play a specific function to ensure the patent system positive.Based on such a theory hypothesis, this paper focuses on the main line of analysis "The System Feature-Motivation-Performance", to analyze the effectiveness of China patent system in detail.First of all, we disclose the patent system policys tools broadly, these policy tools is the direct reason the patent systems are difference. Secondly, we compare the Chinese patent system with other international patent systems, it reveals that in the different economic environment, how the different patent system achieve the different functional goal, put forward to the theory of the applicability patent system. Next, summarizes the the four mechanism that Chinese patent system promotes technological progress. That is incentiving to innovation, promoting reverse engineering technology trading, achieving the imitation innovation and completing resource configuration in public R&D department, we use the analysis framework of subjective game theory, and analyse the reaching approach of these four kinds of mechanisms. Finally, we analysis of Chinese enterprise actual Strength and Chinese innovation environment, think that the Chinese patent system must be rationally design and management, in order to meet the demands of enterprise innovation and development.In order to support the above theoretical analysis, we designed some the experience study. First, we preliminary judge China patent application motivation, the regression found five causes Chinese patent quantity grows explosively: needing for preferential policies, strengthing patent legislation and law enforcement, increasing technology opportunities, raising R&D investment, and being stimulated by foreign patent. The patent application motivation of Chinese enterprise is multiple, but increasing number of patents not meaning that the Chinese innovation capability promotes. Second, adopting the method of integration and Granger causality test, we verify some mechanisms that Chinese patent system influences on Chinese total factor productivity. The results show that the patent system with Chinese characteristics has played a positive role in Chinese technological catch-up process. Third, verifying the effectiveness of patent system from the perspective of industrial heterogeneity and taking panel data in varying-coefficient models to empirically analyze the influence of Chinese patent system on technical progress in different industrial sectors. The results find that the Chinese patent system has a significantly positive effect on most sectors’total factor productivity, while the effectiveness of the patent system has not been solved at the industrial level.Given the existence of large number of foreign patents, this paper analyzes especially the complex influence of foreign patents in China on Chinese technology progress. The study finds the motivation of foreign application for patents in China has changed from promotion of technology transfer at the beginning to obtaining competitive advantages by various strategic means to blockading technology and monopolizing market. The paper uses time-varying parameter state space model checking the influence of foreign patents in China and the results demonstrate that the foreign patent in China have significantly promoted the total factor productivity before1992, but after that this effect has gradually weakened even to a significant negative one after1996.To support the results of quantitative analysis, the paper analyzes specific cases through business seminars and questionnaires. We choses the electronic information industry as the research object for its largest number of patents and patent motivation. Besides, the electronic information industry is the most complex industry, covering almost all the functions of patent system. The research finds that, although Chinese patent system plays a positive role in the electronic information industry, it is still not capable of promoting competitive advantage of domestic enterprises, not only because the design of current Chinese patent system is not reasonable, also its low efficiency and high cost is not conducive to the enterprises’patent competition and cooperation. In other words, the Chinese patent system can not promote the total factor productivity in China.To sum up, this paper thinks the reformation of Chinese patent system should transform some tending to technology diffusion mechanism to ones tending to the mechanism of technology innovation, using a plurality of policy variables of the system The design and implementation of the patent system should be further refined and differentiated. Refinement refers to the must identification of the patent system’s positive and negative effects, and coordinating with other subsidiary policies to draw on the advantages and to avoid disadvantages. The differentiation is that the patent system should be more targeted, respectively at different industrial departments or innovation from different nationalities, and the industrial level should focus on key industries, the national level should support the local innovation.