Study On Optimization Of Patent Protection Length For China In The Open Economy

With the need for building an innovative country, intellectual property rights, especially patent rights has increasingly become the core competitiveness of enterprises embodiment. In recent years, though our patents are increasing sharply, patents quality is less than foreign countries. For example, patent duration, China’s patent average duration is far from20years of official patent duration, and significantly less than foreign duration. In this situation, there are obvious differences in the domestic and foreign countries; the foreign inventions enjoyed patent protection is far more than the protection of domestic self-invention for the current protection period. Therefore, from the perspective of national welfare, for research the optimal duration of patent protection in theoretical and applied are of great significance.In this paper, we first calculated40,000sample data that based on the State Intellectual Property Office’s patent data from2004to2007after authorization proclamation failure. We respectively analyze patent life and the variables related to patent protection duration. We found that domestic patent duration less than the average2-3years of foreign patents. According to the difference of domestic and foreign patents duration, we divide into two representative fields. Second. Based on the foreign patent applications in China which created social benefits, we established a tariff-related patent protection length optimization model. Calculate optimal protection length of a difference area between China and overseas. Finally, the combination of patent empirical work and theoretical analysis, the proposed management of China’s intellectual property rights should be treated differently for different technologies in setting the statutory patent length. For the current technology gap is between China and foreign countries. Our statutory protection period should be optimized.