The Emergence Of "Questionable Patent" And Their Legal Policy Regulation

The significance of patents is to confirm and protect the intellectual achievements of inventors,to disclose and use the latest invention achievements,thereby encouraging invention creation,promotion and early use of technological achievements,promoting international technological exchanges,and promoting technological progress and economic development.Patents have played a certain role in stimulating technological innovation in the development of China.Nowadays,the number of patents is showing explosive growth.In2019 alone,the number of patent applications in China reached 4.381 million.The increase in the number of patents can reflect the development of the times and the progress of science and technology to a certain extent.But it should also be clearly realized that quantity is only an indicator of innovation ability,and quality is the foundation for real scientific and technological progress.At the same time that the number of patents has exploded,a large number of "Questionable patent" exist,seriously affecting the quality of patents.Although the "problem patent" is not a legal concept,it is not a random fabrication.It is widespread around the world,and all countries attach great importance to it."Questionable patent" refers to a patent that was improperly granted,including a patent that does not meet the authorization conditions stipulated by the current Patent Law and a patent that has a wide range of claims although it can be granted a patent.The large number of "Questionable patent" has caused huge challenges to China’s patent system.In order to improve the quality of patents and truly embark on the road of technological innovation,we must deeply understand the problems in our patent system.Therefore,this article starts from the definition,status and impact of "Questionable patent",then deeply analyzes the causes of "Questionable patent" in our country,and finally provides reduced "Questionable patent" from the perspectives of patent basic system,patent examination system and patent confirmation system,regulatory recommendations to reduce the negative impact of the existence of "Questionable patent".At the same time,combined with appropriate policy regulation,we will further achieve the goal of improving patent quality.Reducing "Questionable patent" and improving patent quality is not only of great practicalsignificance,but also of theoretical and practical value for re-understanding the patent system and playing its role in technological innovation and market competition.