Research On The Basic Issues Of My Country's Patent Operation Legal System

With the advent of the era of intellectual property economy,intellectual property as an intangible property plays a vital role in the development of the country’s economy.All countries in the world are strengthening intellectual property legislation,improving the intellectual property legal system,and using the legal system as the cornerstone.To ensure the smooth operation of intellectual property rights and maximize the value of intellectual property,thereby promoting the development of the domestic economy.In the intellectual property operating system,patent operations have a special status.Patent operation is to improve the utilization efficiency of patents through certain methods and means,to maximize the value of patent rights,and to enable patent holders to obtain economic benefits and social status.Invention and creation is the basis for promoting scientific and technological innovation and development.The advancement of science and technology promotes the improvement of national productivity and strengthens the country’s economic strength.Therefore,establishing a legal system for patent operations and promoting the steady development of patent operations,thereby realizing the value of invention and creation is intellectual property operation.A major focus of the system.After entering the new century,China has paid more and more attention to the legal system of patent operation.The Patent Law,which has been revised three times,is sufficient to illustrate the importance attached to patents in China.However,until now,the construction of the legal system for patent operation in China is still not perfect,and the efficiency of patent utilization is low.To this end,the author analyzes the current situation of China’s patent operation legal system,clarifies the defects of China’s patent operation legal system,and compares the relevant patent operating legal systems of the United States and Germany,and uses comparative research methods and historical research methods to learn from foreign advanced laws.Experience,thus providing some ideas for the improvement of China’s patent legal system,and improving China’s efficiency in patent utilization.This paper starts with the concept of patent operation and analyzes the value of the legal system of patent operation.At the same time,the author further explains the necessity and importance of the legal system of patent operation to China by collecting data.Secondly,this paper analyzes the legal system of patent operation in China,analyzes the existence of the legal system of patent operation in China,and analyzes the legislative status of patent operation in the United States and Germany,so as to put forward some suggestions for the legal system of patent operation in China.This article contains a total of four parts,the content of each part is as follows:The first chapter mainly introduces the concept of patent operation,starts from the concept of patent operation,introduces the concept of patent operation legal system,analyzes the value of patent operation legal system,expounds the necessity of establishing patent operation legal system for China,and analyzes patent operation law.The content of the system,thus laying the foundation for the advancement of the article;The second chapter mainly introduces the status quo of China’s patent operation legal system,and makes a brief introduction to the current law on the operation of patent operation in China.It focuses on the analysis of the shortcomings of China’s patent operation system,including the single content of the patent operation system and the patent value evaluation system.Insufficient,the patent system lacks the regulation of patent operations in China’s universities;The third chapter mainly introduces the legislative status of the US and German patent systems,and focuses on the US Baythe Act and the role of American universities in the operation of patents under the regulation of the Bayh-Dole Act.Analysis of the role of German intellectual property rights in the Gennan economy and the current patent operating system in Germany;The fourth chapter mainly introduces the problems existing in China’s patent system.Some solutions proposed by the author include establishing a patent alliance legal system,constructing a patent evaluation system,establishing a patent-traded platform under the government’s leadership,and regulating patent cross-licensing.