Legal Control Of Patent Operation Risk

Patent operation mainly refers to the commercialization of patents to achieve the maximization of patent economic value.Patent operation has become a hot word in the era of knowledge economy,and it has become an important trend of future national innovation and enterprise development.However,there are a lot of risks behind the patent operation,which greatly affects the realization of patent operation.Therefore,it is of great practical significance to effectively control the risk of patent operation to improve the construction level of the innovative country and enhance the market competitiveness of Chinese enterprises.This article is divided into three parts.The first part focuses on the basic concept of patent operation,Including the subject,object and operation mode of patent operation,introduces the concept of patent operation,and then analyzes the development of patent operation in our country from the perspectives of government and civil society,then introduces the development of patent operation in other country.The second part analyzes the risks that may exist in the operation of the patent,including the risk of the patent operation fund,the quality of the patent right and the risk of patent litigation and so on.And then analyzes the main operational risks of the current patent operation in China,including the risk of patent operation fund,the risk of operational personnel,the risk of service platform,the risk of patent financing and the risk of patent litigation,and further analyzes the reason of risk.In the third part,the author mainly from the legislative,administrative,judicial and social four levels,trying to put forward the countermeasures to deal with the risk of patent operation in China.First,the author puts forward the improvement of the relevant provisions of the patent law and the anti-monopoly law.Secondly,it proposes to improve the patent review mode and the government operation fund;And then the judicial level,put forward from the strict litigation subject and explore the lawyer fee transfer system to control the patent litigation risk.Finally,the social level,from the trading market,service agencies,financing environment and personnel training four angles to make comments.Through a series of related countermeasures,the author hopes to provide some advice help for the healthy development of China’s patent operation.