Research On The System Of Patent Grant And Its Delay

With growing technology progress and patent race growing,the amount of global patent application has generally increased in recent years.The main systems of patent grant,including China's,have faced increasingly severe examination overstock of the patent grant.Due to this problem of the examination overstock,many countries have begun to undertake reforms on the system of the patent grant for improving both efficiency and quality of the patent grant.At the same time,the theoretical study of operating mechanism of the patent grant has gradually become a hot issue in the abroad.Chinese scholars,by the contrast,have not taken systematic and deepen researches aiming at the problem of patent examination overstock.Therefore,this paper has made an exploration on the operation Status of patent grant system,patent grant system of representative country,operating mechanism and the function of the patent grant system,the patent tendency and the technology innovation.Furthermore,this paper has analyzed the economic effect of patent grant delay and the impacts caused by patent grant delay and influential factors of the invention patent grant delay.Begin with the introduction of the present patent grant system of US and Japan and Korea,this article found some revolution trend of the global patent system are unified,such as the speed examination of green tech and PPH project are carried out by many countries,and some measures are implemented according to those countries 's characteristic,such as the multi-track system of Korea and patent quality certification system of US.This paper also found that there are strong connections between patent intendancy and patent grant system and technical innovation.And it suggests that the regulatory functions of patent grant fee should be paid more attention,because a lower fee can stimulate more patent applications of low-technology but the applications of high-technology are not influenced by a higher fee.This paper has analyzed the influencing factors of China's invention patent examination period by using the method of survival analysis and China's invention patent data from 2002 to 2016,and discovered that the protection factors affecting time-lag of China's invention patent grant include the number of IPC,the number of patent citation and origin country of patent application,while the number of patent claim is a hazard factor.Therefore,this paper has proposed many policy measurementsthe innovation points of this paper mainly includes:(1)This paper uses the method of system analysis to reveal the patent grant system and the patent tendency from the perspective of the patent system and the technology innovation system including the patent grant system,on this basis,further pointed out that the grant fees,quality and delay to promote or hinder the mechanism of technological innovation.(2)This paper constructs the patent application cost model which affects the patent application cost by patent grant behavior.Through the theoretical analysis of the nature of the model,it is found that the extension of the patent grant delay will suppress the use of the patent system by the owner of the high value innovation,The effect of prolonging social welfare will be detrimental.(3)In this paper,we use the method of survival analysis to analyze the patent data of invention patent in China.We find that China has implemented differentiated grant policies for patent applications from national and foreign countries,and the number of IPC classification,the number of claims and the number of patent citations are risk factors that affect the grant delay,thus revealing the possible policy role of improving the performance of patent grant system.Therefore,this paper has proposed many measurements to improve the performance of patent grant system in China,including allocating resources by constructing differential patent grant system to allocate resources and quick examination request system of the patent grant with request fees,improving the procedures of the patent grant,conducting patent application tendency,changing political tendency on patent grant system.