Research On Patent Operation Law In China

Under the current international background,the speed of knowledge economy development is increasing day by day.Our country pays special attention to the development and strategic deployment of innovative industries.In the past,the core of competition between countries or enterprises can be regarded as the control and control of means of production or tangible assets.At present,patents have become a competitive weapon between enterprises and even between countries.Patent itself contains monopoly color,and it points to specific objects in technological inventions.If a patent wants to produce assets,it must be realized through market-oriented operation,which is patent operation.But with the explosion of knowledge economy,technology becomes more and more complex,and the number of patents is also increasing.The transfer and licensing of patent rights has become a part of daily transactions and an emerging industry independent of tangible product transactions.The frequent activities of patent licensing and transferring have promoted the establishment and development of the patent trading market.The traditional ways of patent licensing and transferring have changed dramatically.Some new special activities often make profits without providing licensing fees or compensation or even compensation for the production or service of traditional products.The content of this paper is the current situation of patent operation law in China and the outstanding legal problems it faces.Based on the actual theory and summary of the study,this paper gives its own conclusions and countermeasures.Under the above background,the author starts from the patent operation office and derives the legal risks that will be faced in the process of patent operation from the legal connotation and legal characteristics of patent operation,thus leading to specific legal problems in the process of patent operation,including the specific analysis of patent abuse and the elaboration of Patent Speculation under the regulation of patent hijacking.This paper summarizes the situation of the patent operation market in our country,and based on the relevant laws and regulations,and then discusses it according to the relevant information consulted.It deeply analyses the related legal issues involved in the patent operation in our country,starting with the problems of application,licensing and relief in the process of patent operation,and deeply analyses the root causes of these problems.In terms of relevant legislation on patent operations and proposals for the resolution of existing legal issues,the draft amendments to the Patent Law of the People’s Republic of China(draft for review)under consideration by the "two sessions" are mainly based on the specific problems in many patent operations.Specific proposals are given in the revised draft.On this basis,combined with the relevant legal system of patent operations in foreign countries,the specific legal issues in the existing patent operations are given suggestions.