Technological Innovation And Patent Protection System Of Double Effect Mechanism Research

The writer explores new methods of the interaction of technological innovation and patentsystem—Double-effect Linkage System, from the perspective of scientific philosophy,combining the relative theories of jurisprudence (mainly patent jurisprudence) and economics,and probes the patent incentive mechanism in the current situation through the example of thepatent data analysis of photovoltaic industry. Conclusion can be drawn from the conjoint analysisof theories and example: technological innovation and patent system has an objective bilateralinteractive relationship, the revolution of the patent system is on the basis of dynamic technologyimprovement. The patent system evolves under the request of technology improvement, andreacts technology innovation and makes it develop rapidly.This essay is divided into five parts: the fist part is introduction, which mainly discussed thecurrent significance of studying interactive mechanism and recent development situation of thepatent system of our country, and its detail researching methods and thoughts. The second part ismainly discussed the fundamental theories of technological innovation and patent protectionsystem, the study of the connotation of technological innovation of the scholars in and out ofChina, and lays stress on introducing patent, patent right, and patent protection system. The thirdpart is the research of the interactive mechanism of the technological innovation and patentsystem, explores the theoretical bases of interactive mechanism in Marxism and WesternEconomics. Marx thinks the technological innovation and patent system is double-effectdialectical relationship. From the perspective of history, the three scientific and technologicalrevolutions in the modern times sees the evolution of patent system at the same time. Themethods of technological innovation is more and more complicated because of the increase ofsubjects of the patent rights, the range expansion of the objects of the patent rights, theincreasing pace of the internationalization of patent system and the expansion of the contents ofthe patent rights. The scope of innovative practice objects are gradually expanding, which makesthe original patent system not suitable for the development of technological innovation. Thefourth part discusses in detail the existing problem of interactive mechanism of the technologicalinnovation and patent system of enterprises in our country. It proves that the situation in ourcountry’s enterprises is not positive taking the current patent situation in photovoltaic industry asan example. The patent mechanism in the enterprises of our country is not sound and the overallfailure phenomena is serious in the current patent incentive mechanism of our nation, whichcause the weakness of the overall competition of the enterprises in our nation and the weakconsciousness in patent, and the cooperation of enterprises and universities is sluggish and slow.The fifth part proposes the methods and suggestions to improve the construction of Double-effect Linkage System between technological innovation of enterprises and patentprotection system to the existing dilemma of the technological innovation development in ourcountry on the basis of the discussion of the former parts.