The Study Of Patent Quality Of China

In2008, the State Council promulgated the ((National Intellectual Property Strategy)), it outline clearly strategic goal of intellectual property in China:"By2020, to build high level in intellectual property creation, utilization, protection and management, So that the legal environment of intellectual property is becoming perfect, the ability of intellectual property creation, utilization, protection and management of market players is becoming significantly powerful, the intellectual property legislation is more popular, the intellectual property ownership levels can support effectively the construction of an innovative country, the function of intellectual property promoting economic development, cultural prosperity and social construction is fully apparent. Patent is a core in intellectual property system, it can be promoting particularly evident China’s scientific and technological progress and economic development.In2011, the amount of invention patent applications of China break526,000, more than Japan and the United States, ranking first in the world. The latest statistics show that the amount of China’s total acceptance of invention, utility model and design patent is2,377,000,1,313,000authorized in2013. In1984, since the implementation of the first patent law, from April1to December31in1985, the amount of acceptance of patent applications is9411, authorized only111, annual volume of authorized patents in China even turned nearly a million times in30years! Surge in the number of patent applications, on the one hand, reflects the country is moving towards innovation-oriented country in increasingly robust pace, on the other hand, a large number of patent applications caused close attention to the of patent quality at home and abroad. Vivek Wadhwa speech at Harvard University, said China’s patent blind pursuit of quantity but ignore quality. In British 《Economist》, the author believes that the soared amount of Chinese patent applications is not the result of that China has suddenly become more creative. Many domestic scholars have also expressed concern about the patent quality of China, have written that the current ills and solutions.Is China an innovative country? A survey showed that20%of the domestic mobile phone every price,30%of the computer,20-40%of the CNC machine, would like to pay royalties to foreign patent holders; In China, the technology in the field of information industry, biological, pharmaceutical and other core science area also controlled by others; In the field of aviation equipment, precision instruments, medical equipment, construction machinery and other high-tech, China’s dependence on imports is also a great; It shows that the gap between China and developed countries is obvious. Therefore, a large number of patent applications can not meet the requirements of building an innovative country, to achieve this goal, we need to coordinate the development of the number of patents and patent quality. Therefore, how to improve patent quality, to complete the transition from patent range to patent quality, to achieve the grand goal of an innovative country, are the problems we need to solve now. So, in order to propose specific measures to raise the patent quality, we must solve these problems:What is the quality of patents? How to evaluate the patent quality? What causes the low quality of patents.This paper is divided into four parts:patent quality, patent quality evaluation, factors affecting patent quality, the measures to improve patent quality.Based on the existing achievements of definition of the patent quality, the first part analyzed the meaning of etymology of patent quality and proposed the "two dimensions under the definition of patent quality" which means the patent quality under the angle of time and space."Two dimensions under the definition of patent quality "overcame the shortcomings of current lack of comprehensive definition of patent quality and helped us to understand the meaning of patent quality completely.The second part focuses on patent quality evaluation. At first, the author made a brief introduction to the meaning of patent quality evaluation, and then introduced five classical patent quality evaluation indexes:the number of patents, patent citations, patent maintenance, the scope of patent rights, the scope of protection of the patent。There indexes covers the technical quality, legal quality, economic quality of patents. After understanding the patent evaluation indexes, to conduct a comprehensive assessment of the specific target of patent quality, the key is build quality evaluation system. From the principles of patent quality evaluation, the author put forward that how to select specific indexes to build evaluation system. Finally, based on the application of definition of patent quality and patent quality evaluation system, from the four perspectives (number of patents, patent maintenance and usage, the scope of patent rights, the scope of protection of the patent), the author evaluated dialectically current patent quality conditions in China.The third part focused on the causes of the situation of patent quality in China. From four perspective(they are Patent legislation, Patent policy, The innovation capability of enterprise, The awareness of intellectual property of public), the author found the causes of the current situation of patents quality in China.The fourth part put forward the corresponding measures under the causes for the current situation of patents quality of China. The author proposed the modification proposal to Patent law, Patent agents statute, Patent examination statute, In addition, the suggestion were be proposed to the corresponding patent policy, the level of patent work of enterprise, the awareness of intellectual property of public. The author hoped these measures would improve the patents quality slightly.With the continuous improvement of the patent legislation, the patent policy is becoming rational and scientific, the further improvement of innovation capability of enterprise, the awakening of intellectual property awareness of public,We have reason to believe that the development of patent quality will be coordinated with the number of patents. Patent legislation will always to promote the ongoing progress of technology and economic.