| The lifespan of a patent system is the core content of the realization of patentprotection, patent protection must be effective patent term system to rely on. Nopatent term system or the system is not perfect, will make the whole patent system topromote innovation’s role is limited and difficult to achieve. At present, China’s patentterm system is mainly to keep the same with international treaty’s position, accordingto the provisions of the international rule of law. If it is determined that the durationof patent protection is only in order to meet the requirements of international rules ofpassive provisions, the lack of the actual situation and market guiding force, would bean inefficient system. At this time, the lifespan of a patent system would be difficultto balance the interests of the society and individual, it is also hard to promotetechnological innovation, and discuss the problem of the circles of theory and practiceis also becoming increasingly fierce. Therefore, it is necessary to make statistics andanalysis of the use of empirical analysis application on system of patent term in China,finds the problems, to seek ways to improve the patent term system.For related categories of patent term system include the term of patent，protection patent term, the optimal patent term. From the definition of terms, Thepatent period is to encourage technology updates, a restriction on the right of theobligee，the optimal patent term is a regulator to balance the interest, the duration ofpatent protection is punish the infringement people a kind of protection to the right ofthe obligee.，It provide the basis for the empirical studyThrough empirical research and analysis application system of patent term inChina (legal status, authorization time, hold time), can be found in our patent hashigher rate of termination, termination rate faster (including unpaid fee terminationaccounted for70%), patent authorization time is too long, the different patentproblems for difference, considered from the actual situation of our country, its rootlies in the influence of innovation subject to bias, financial innovation main bodydifference, review strength weak, writing level is low, high quality patent less,technology itself characteristicThis paper stands in the root of the problem, consider the reform of China’spatent term system, put forward to strengthen from application to authorized period,including shortened to apply for authorization time, prolonging the authorization of the patent protection period, Protection of patent rights from the termination of theauthorization to strengthen, including patent different technical fields give differentprotection, the technology part of the special give different protection. At the sametime, proposes ways to improve the overall environment of intellectual property inChina.Improvement of the patent term system is the key to improve the level of patentprotection, the need to explore, improve unceasingly in the theory and practice of... |
