The Study On The Patent Agency Industry In China

After China joined WTO, our government, enterprises and even the whole society have paid more attention to the protection of intellectual property. Although the developed counties have eliminated the customs barriers to China, they carry out the non-tariff barriers mainly about the patent strategy, protect their productions by the applied patents in and abroad, and restrict the importations of our products to preserve their own economic interest.Patent is an important part of intellectual property, whose applied amount can show science & technology level and the innovative capabilities of a country. Foreign countries attach great importance to the quantity and qualification of application for patents and the applications at abroad, attack other countries' markets so as to obtain much economic interests. Although Chinese quantity of applications for patent is increasing year by year, the qualification is not high. And a lot of patents were not authorized for the applications were written not well, which influences inventors' economic interests. The importance of application for patent and the lack of patent applied knowledge for inventors highlight the necessity and importance for the development of patent agency industry.As the main force in the science and technology field of our country, patent agency institutions is the bridge and link between the patented inventors and State Intellectual Property Office of PRC. As the direct operator of the patent agency services, patent agents play an important part on knowledge economic constructions and development. However, there are some problems on macroscopic and microcosmic, which interfere with the development of China's patent agency industry.The first chapter introduces on the basic concept for patent agency, including patent, patent agent and patent agency so as to make readers have a macro-understanding on the patent agency theory.In the second chapter, there is an analysis of the patent agency industry in and abroad. Firstly, it analyzes the development of the patent agency industry in other counties, including America and Japan, because they are the countries whose quantities of patent applications are the first and the second in the world. So the legal systems related to the patent agency is mature, and it has a history. Then, it analyzes the present situation of the patent agency industry. Starting with the quantities of patent applications, it firstly analyzes the development of patent agency in China by the data provided by the data center of the State Intellectual Property Office of PRC and "The Almanac of Intellectual Property of China". It reflects the present situation in a lateral view. Then adds an analysis about the develop environment of the patent agency industry, mainly environment of policy, law and economy.The third part of the paper points out the problems about Chinese patent agency industry from macro and micro sides including the legal system, patent agency, patent agent and industry association sides. In the macro-aspect, Chinese patent system falls behind, market's ability to adapt lacks, and living has much pressure. In the micro-aspect, mainly about that industry association lacks of self-discipline, patent agencies is lacking of risk margin, manage with wrong method, have little connection with its upstream and downstream and agent's various capabilities have to be strengthened and so on.In the end, the essay advances some advices of the development of China's patent agency industry. For the government, it should provide this industry for either policy or law; but for patent agency institutions, they should find the exact position and build up brands in management. Besides, training the talent patent agents should be very important. We can set up related courses and research institutions in the universities and improve the vocational level of the employee by training.