Research On The Patent Protection Of Knowledge Innovation In The Transformation Of Social Knowledgefication

Extensive and rapid development of knowledge economy has brought about increasing knowledgefication of the material base in social life and the type of organization.The change has caused the transformation of the paradigm for society: from the paradigm for the industrial society oriented by the material products to the paradigm for the knowledge society aimed at producing knowledge and oriented by using knowledge to produce.The transformation of social knowledgefication has builded a solid and wide social foundation for the patent expansion.Modernization of intellectual property system has constructed a harmonious and tolerant supporting system for the patent expansion.The important point of strength in the process of the transformation of social knowledgefication and the modernization of intellectual property system is various innovation activities and their rich creative achievements.The transformation of social knowledgefication cannot be separated from the various innovation activities developing in the extent and depth.The modernization of intellectual property system is no other than institutional response to deepening in the innovation activities.In the course of development deepening in the innovation activities,the theory of innovation has matured and developed.It can deeply reveal internal theoretical logic of the modernization of intellectual property system.It has aslo provided ideal basis and theoretical guidance for the expansion of patent.The deep implication opens out that the expansion of intellectual property including the patent expansion has its deep basis for the typifications of knowledge and the practical application in the typifications of knowledge innovation in the process of the transformation of social knowledgefication and for knowledge-outlook and human nature.The protection of knowledge innovation should respond to it in the idea of institutional innovation and the value orientation of institutional arrangement.The theory of innovation and the assumption of Knowledgeable Person have opened up an important idea of the system construction in the protection of the knowledge innovation.It is that the system construction in the protection of the knowledge innovation shuold be the promotion in the rational and institutional uses of the knowledge innovation achievements.Only in this kind of uses,a beneficial two-way interactive mechanism between the knowledge innovation and the institutional innovation can be come into being.In the evolution of human history of promoting innovation,the patent system has accumulated the system-rationality of the protection and promotion of the innovation in different time and different institutional civilization and formed the institutional system of promoting innovation and the standardized operational mechanism.The regulatory system of protecting the knowledge innovation in patent has internalised such plentiful contents of the knowledge society that it can enrich and expand.It is for this reason that its homologous promoting mechanism has new running drives.It is the confluence of many forces are at work that the patent has stepped on the road to expansion in the development of social knowledgefication.Inevitably,the expansion brings a great impact on the traditional intellectual property system,and thereout protecting the knowledge innovation is facing new challenges and opportunities.The above challenges and opportunities have offered a new perspective and the social adaptive mechanism to protecting the knowledge innovation.There are more tolerant supporting systems for the protection to the subject of knowledge innovation in the course of the expansion of patent subject,and that patent protected-mode has expanded the protection to the subject of knowledge innovation in all its breadth and depth.The expansion of object of the patent enable more types of the knowledge innovation and more levels of the knowledge innovation achievements and their applications to be protected by patent law.The area of the patent protection has expanded deeply so as that the protection of the knowledge innovation has broken through the boundaries of many areas.The enrichment of right items in patent means the connotation and extension of the knowledge innovation protected by the patent have been expanding.It aslo means the area of communication of the subject of knowledge innovation whose product,industry chain and the knowledgeable innovation achievement benefited from the knowledge innovation have been expanding under the protections afforded by the patent system.The extension of the patent life shows the patent system has broaden a space of market interests for the knowledgeable innovation by extending the term of protection of the innovation achievement.These patent expansions protect the knowledge innovation by the mechanisms of the legislating promotion,the national strategy driving,the trade promotion in multinational enterprises and the dynamic benefit balance.There are new realizable mechanisms of protecting the knowledge innovation as a result of the patent expansion in the transformation of social knowledgefication.However,the protection of the knowledge innovation is facing serious challenges for a couple of reasons that the knowledge innovation has increasingly developed in depth and breadth with the push of new technological revolution,various forms and modes of transmission have emerged in the knowledgeable innovation achievement and a complicated and comprehensive trend of torts has presented in the course of utilizing the knowledgeable innovation achievement.These are innovating protective modes and protecting the types of the knowledge innovation actively.The knowledge innovation in software is a typical representative of the knowledge innovation in the current society.Its ceative achievement contains rich thoughtful knowledge innovations as well as extensive and profound technical innovations.The protection of this new types of the knowledge innovation afforded by the current protective models in the knowledge innovation in software has its characteristic merits and demerits.But there is an important development tendency of it.This is that the developed countries are taking positive steps to protect the knowledgeable innovation achievement of the software by the patent to promote the development of the software industry and propel and deepen the continuous effective the knowledge innovation of software in the patent expansion in their own countries. Our country is a country with massive software needs.There is a certain foundation for the growth in software industry in our country.We should adapt to the developing trend in the transformation of social knowledgefication and the patent expansion,and establish the patent protected mode in the knowledge innovation of software that suit the development of the software industry of our nation by active innovation of the system and the improvement and the perfection of the patent system in our country.