Research On The Subsidy Policy To Patent Of China

Since 1999 shanghai been the first city of China implemented the subsidy policy to patent fees,the policy were widely implemented in China,resulting in China's patent applications increased rapidly.However,the quality of the patent has not improved simultaneously and a large number of garbage patent irrational rise.Therefore,the subsidy policy to patent fees has been criticized by many scholars.This paper takes the subsidy policy to patent fees implemented by local government as the object of research,mainly including some aspects as follows:First of all,this article combs the legal provisions and its effect of patent fees,the author summarizes the present situation of the local government patent subsidy policy from five aspects covering the object,the type,the scope,the amount and the procedure of subsidy,then discussing the developing trend of the patent subsidy policy.The Secondly,this paper explores the essence and value of the patent subsidy policy,and explains the influence of our patent subsidy policy on technological innovation from both positive and negative aspects.On this basis,this paper analyzes the causes of patent grant policy in China,and carries on the legal analysis to China's patent grant system.Thirdly,it analyzes the problems of subsidy policy including the insufficiency of System Design,the unclear of functional position,the imperfection of the coordination mechanism causing the increase of garbage patent,the low level of patent quality,and invalid use of financial subsidy.Finally,this paper advises some suggestions on the reform of the subsidy policy.