Study On The Innovation Of The Patent Structure Based On The Low-carbon Development

The existing patent structure is produced in the traditional high-carbon model of economic development. However, we are facing the problem of global climatic change, which leads to a transformation of economic model to low-carbon development, and the patent structure should be adjusted subsequently. Therefore, it is theoretical and practical significance to research on the transform of the patent structure in direction of the low-carbon constraints and to design the innovative system solutions of the patent structure.To construct a three-dimensional patent structure from the perspective of the method of law-economic analysis on the basis of a synthesis of existing research, and to explore the mechanism of technological innovation affected by the three-dimensions patent structure. The patent structure is constituted by the three dimensions of the height, length and width. If given a different value of the dimension of a patent structure, it produces different incentive effects on technological innovation. The strong patent structure which is proprietary-centric will more conducive to the interests of the technological innovation; while weak patent structure which is application-centric, is favorable for competitors. The moderate-intensity and balanced structure is the appropriate model to a patent structure.To study on the trend of our patent structure under low-carbon technological innovation framework using the method of empirical analysis, which results show that China has a lot of low-carbon patents, but the quality has a larger gap with foreign country, the innovative ability of low-carbon technologies in China is very weak, and the transfer of low-carbon technologies which from developed country to China are not enthusiastic.Then to analyze historical evolution of the patent structure, and to puts forward the viewpoint that the proprietary-centric patent structure and its valuation tendency are the institutional reasons of weak capacity of China’s low-carbon technological innovation. The early patent structure, such as the patent structure of1474Venice and1623British, were application-centric. However, with the further development of economic, the patents structure, such as the U.S., gradually shifted to a proprietary-centric structure and rendered valuation tendency. This causes that the interests of the patentee deviate from the low-carbon technological innovation. So the patent structure should not normally play function and role in the promotion of technological innovation in developing countries. It will still show paradox situation of the strong is always the winner and the weak is always the loser in the field of low-carbon technological innovation.To evaluate the synergy between the patent system and low-carbon policy in China with collaborative analysis method. The results show that the patent structure is not completely cooperative with low-carbon development, there are even conflicts, contradictions and inharmony, which is the policy basis of weak capacity of China’s low-carbon technological innovation.With the above arguments, a series of policy measures and reform proposals based on the low-carbon constraints are put forward which involve basic principle of patent structure innovation, the direction of the innovation path, system frameworks, the terms and conditions of patent law about low-carbon control, supporting policies and rules, etc.