Research On The Patent Protection To Technical Knowledge Innovation

Along with the fast development of economy based on knowledge, particularly the widespread development of knowledge intensity industries, the integrated innovation of technology and knowledge which the high and new domain technology leads, have already become the engine of knowledge economy era. The computer software, the human gene information and the commercial methods seeking the specialized protection manifests the application of high and new technology and also manifests that, social development based on knowledge urges the patent protection tend to protect the conformity innovation of technology and knowledge while we emphasis technology effect in the patent protection. This conformity innovation is really the technical knowledge innovation, it become the important subject how to define the technical knowledge innovation from visual angle of law and inspect the properness of the patent protection. My paper,"Research on the patent protection to technical knowledge innovation"is about 50,000 characters, includes four chapters. The primary coverage of each chapter is as follows:The first chapter: starting form the related cases of the computer software and the gene information, I make the thinking on the patent protection to technical knowledge innovation, draw out the subject of this article. Explaining the knowledge from the multi-dimension, I define the implication of technical knowledge innovation on the base of inspecting knowledge application features and knowledge classification, and analyze the process and characteristics of technical knowledge innovation.The second chapter: From the stratification of legal theory, I analyze the particularity of the patent protection to technical knowledge innovation, define the property rights of the technical knowledge innovation, and establish the validity foundation of the patent protection to the technical knowledge innovation.The third chapter: On the foundation of the elementary theory issues of patent protection to the technical knowledge innovation, I inspect the related legislative examples of other counties and areas and gain the beneficial reference. The forth chapter: Beginning from the legislative concept of our country's patent system, review the inadequacy of the construction of specific system and make suggestions to improve our country's patent protection of technical knowledge innovation.The innovatory spots of this article lie in: (1) Starting from the expansion trend of the patent object, I proposed what the patent want to protect is not the pure technology, but the technical knowledge innovation borne by the technical effects as material. (2)According to the different creative degrees, I proposed the new forms of the technical knowledge innovation, realized the patent docking of the technical knowledge innovation. (3)Starting from the angel of the technical knowledge innovation, I made the analysis on the patentability of the computer software, the gene information, and proposed the new thinking on the protection to knowledge innovation in the high-new technology domain.