The Research On Evolution Of New China’s Patent System

Since the establishment of new China, our patent system developing in the history of patented never appeared, with high speed. We have been implement two patent system: The early founding of new China intimated” Dual-track approach” in Soviet Union, after reform and opening, we borrowed the foreign advanced experience.” Dual-track approach” has played important roles at that time, then has been abolished in special time. Until the patent law enacted in 1984, we experienced a long time with no patent system. In order to attract foreign investment and advanced technologies, we reenactment of the patent law after reform and opening. We encourage domestic technological innovation. Then the patent system was established. After the promulgation of the patent law, we have undergone three revisions, namely, the first amendment to avoid trade war in 1992, the second amendment to reduce trade barriers and accession to the WTO in 2000, the third amendment to serve the independent innovation strategy to improve the environment and better domestic innovation in 2008. With the brewing of patent law’s fourth modification, our patent system has undergone a complex evolution, including the lessons of failure. In this paper, through the reproduction of patent law’s evolution process of its causes, to show the effect and hope to provide advice for the future of the patent system.