Research On The Patent Risk Of High-tech Small And Middle-sized Enterprise

In the context of encouraging the construction of an innovation-oriented country,our government has vigorously supported the development of high-tech small and middle-sized enterprises as the main subject of technological innovation.However,those enterprises are in a relatively weak position for their small scale,high investment,short capital chain,high risk,poor anti-risk ability,high income and weak independent ability.At present,to some extent they depend on government's supporting policies to change their market position.Those enterprises are also characterized by owning intellectual property rights and focusing on technology research and development.Under the legal background of highlighting patents,it is an very effective means for those enterprises to use their patents to alter their market position.However,it is well known that patents are monopolistic rights featured by strong instability.In the process of patent management a variety of patent risks may be brought to those high-tech enterprises.On the basis of research on the patent acquisition,patent operation,patent litigation activities,the patent risks and their causes in the patent management of those enterprises,we can further analyze on how to deal with related risks in the process of patent management,which is of great theoretical significance to the academic circles and of great practical significance to those enterprises.Through the study we found that:(1)High-tech small and middle-sized enterprises in the process of obtaining patents should outside package means to enhance information retrieval,Enterprises and enterprises shall entrust the agencies after the group,after neighbors and law firms to membership service contract,to entrust law firms dealing with corporate legal affairs,and make an analysis of the creativity of the to-be transferred patent.(2)High-tech small and middle-sized enterprises in the process of patent productization should cooperate with third party to complete the secondary innovation and the other way to complete the product before the product goes public,and make rational choices about enterprises' patents.(3)High-tech small and middle-sized enterprises in the process of patent transfer should clearly stipulate the proceeds and expenses of the patent from the date of transfer,apply for consulting the copy of the patent registration book before transfer,and work with the third parties to complete the transfer.(4)High-tech small and middle-sized enterprises in the process of patent pledge financing should patent pledge financing insurance,and sign a confidentiality agreement with a third party.(5)High-tech small and middle-sized enterprises in the process of patent litigation should carefully choose the patent involved,buy patent insurance,timely make reconciliation,and enhance the awareness of evidence retention and collection.