Research On The Antecedents And Outcomes Of The Invention Patent Stability Absence

As we know, the aim of patent system is to protect the innovation and promote thedevelopment of economy and trade. The economic rationale for patent is that innovationoffsets enormous costs of such inefficiencies. In recent years, the monopoly expect ofpatent protection triggers patent application race, which has brought a heavy burden onpatent examination system. Then the quality of patent examination declined. Although apart of the patent applications obtain the authorization, their exclusive rights are notacknowledged by the third party or the court effectively. The easy rejection of thevalidity of these patents results in the absence of the patent stability. The research on thestability issues is of great significance on the theoretical research and the practicalresearch on market competition, technology innovation and patent system reform.This paper is in accordance with the logical sequence of problem-posing,problem-analysis and problem solving. Firstly, this paper puts forward the concept of thestability of the invention patent stability. Then there will be a detail analysis on thesubstantial factors and procedural factors which affecting the stability of the inventionpatent right. According to the patent life cycle, the factors can be divided into ex antestage and ex post stage. The results show that the ex post stage is more economical andeffective. Secondly, this paper illustrates the mechanism in which the absence of theinvention patent stability impedes the fair competition and innovation, which reinforcesthe importance of the stability of the invention paten right. Third ly, on the basis of patentsystem of China, this paper offers feasible advices to improve the stability of inventionpatent, and to optimize the current patent licensing model. The advices concentrate ontwo aspects, which include patent authorization form and patent examination fee. Finally,it comes to the conclusion. The study of the stability issues has important significance on the theoretical research and the practical research. It is helpful to improve the patentsystem, which will enhance the stability of an invention patent. So the patent system willprovide a better service to the development of science and technology.