Research Of Performance On Patent Law Based On Patent' Protection Level

As to the case of development history of Patent law, it has been paid wide attention to many scholars form its birth, including politician, economists and law scholars. And it has caused discussion for two centuries. They has not shared the same understanding on performance of Patent law nowadays.The suboptimal project has been accepted by mainstream western economists, accented. But the protection level of patent has been the hot spot of discussion and study. Form 60s of upper century, many patent economical scholars has done a lot research of theory and practice on the relationship of protection lever and development of economy and technology.Now the common understanding is that protection level of Paten law should be suited to that of economical and technological development. Considerably developed countries are in the state of high-level development of economy and technology, they should perform the Patent law of high protection level, and vice versa. The conclusion has caused many scholars home to worry about which our protection level of patent has been gradually raised with the increasing globalization of Patent law. But above conclusion is only qualitative. And it doesn't analysis the case that quantity and quality of patent has gradually improved year by year, with the enhancement of our protection level of patent. Economical and technological development has many impact factors. The key of Patent law is equilibrium of interests, and its mechanism is very complicated, we should study more direct factors, this will helpful for us to apply in practice.The paper studies relationship of protection level of Patent law and productive elasticity of development capital and personnel during patent production by using new classic economics theories. Meantime the paper looks input-output of patent as the most basic measurable standard of performance of Patent law. Based on which we present a set of evaluation criteria. This paper makes comprehensive on performance of the Patent law in China. Lastly, it explain the relationship between protection level of Patent law and its performance recently.