A Theoretical And Empirical Research On The Patent Maintenance System

The patent maintenance system is an important mechanism to promote innovation of the patent system. Research of the patent maintenance system is of great significance for the enhancement of the capacity to run and manage patent of innovation subjects and the improvement of patent system performance and the implementation effect of the National Intellectual Property Strategy. By the theoretical and empirical research of the patent maintenance system, this dissertation concludes as follows.First of all, the patent maintenance system is one of the core parts of the patent system, together with the other parts, composing an organic system of the patent system and powering it to function normally. The achievements of the ultimate purpose of the patent system depend on effective practice of the patent maintenance system. The judgment of prior art and inventiveness standard, the patent maintenance annual fee system, and the tort reparation system all exert an important influence on the patent maintenance system. From the perspective of balancing individual interests and public interest, the patent maintenance system is a public policy. While from the patentees' interest view, the patent maintenance system is a tool to balance the costs and the benefits of patent.Secondly, the patent maintenance time reflects the performance of the patent system and the patent quality as well. The factors affecting the patent maintenance time are numerous and heterogeneous. The proportion of the amount of patents of maintenance time to reach its optimal maintenance time among all granted patents is an important indicator to measure the level of the patent system performance. The patent maintenance time to some extent reflects the patent quality, therefore can be considered as relatively a better indicator of the patent quality than other ways. However, because of the ambiguity of the patent quality content and the complexity of the evaluation indicator, there are some errors to evaluating the patent quality by the patent maintenance time. The patent maintenance times is affected by some factors including other systems of the patent system, the technologies, the patent management levels, the technical trading systems, the government-funding policies etc.Thirdly, the patent maintenance annual fee system is an important mechanism to adjust the patent maintenance time, perfect patent maintenance system, and to improve the patent system performance. The patent maintenance annual fee system influences the patent maintenance time by increasing the patent maintenance cost and thus balances the patentee's interests and the public interests. The patent maintenance annual fee systems of the United States, Japan, Europe and China have their respective characteristics. When the self-funding financial policy is implemented in the patent offices, the supportive role of the patent maintenance system for patent system may deviate from its original purpose to improve the patent system performance and to promote technological innovation.Finally, the empirical study shows that the average maintenance time of the patents granted by the State Intellectual Property Office of the P.R.C is short, the amount of patents terminated by unpaid fee is large, and the terminating speed is high. From the patent information perspective, influences of the applicant's country, the examination time, types of patentees, the number of inventor and the number of claims on the paten maintenance time declines progressively. In terms of innovation subject types, the patent maintenance times of enterprises are the longest, followed by individuals, institutes and universities. From the view of technological fields, the patent maintenance time of Electricity is the longest, followed in turn by the Physics'and the Performing operations' and the Transporting; the Human necessities and the Mechanical engineering, Lighting, Heating, Weapons, Blasting; the Chemistry and Metallurgy, the Fixed constructions; the Textiles and Paper. From the perspective of patentees'nationalities, the maintenance time of the patents from foreigners is obviously longer than domestic patents'.