Patent Trust Legal Research

As an important part of intellectual property rights, patent has become the strategic resources of national development and the core essential factor of international competitiveness in knowledge economy era. Patent application and patent grant has dramatically increased since the implementation of the patent law. However, in sharp contrast to this.the patent transformation is not optimistic. According to statistics, China's patent conversion rate is less than 20%. The fact "patent transform hard" greatly restricts the development of high-tech industry in China, and becomes hurdles of the significant strategy of implementation of intellectual property rights. In this situation, Patent trust provides a feasible way to solve the problem of patent transform. It is refers to the behavior that the patentees of a patent transfer their own legal patent and derivative right to trustee in the trust, then trustee manage or dispose them in his own name according the intention of the patentee, for the benefit of the beneficiary or specific purposes. Patent trust can offset the deficiency in management, funding and information for the patentee.so it can more effective realize patent achievements and has a strong practical significance for solving the difficult problem of patent transformation.In this paper, base on the introduction of the definition of trust, the basic theory of patent trust, including the concept, characteristics, value, functions and development status of patent trust, was elaborated; Then, through the introduction of patent trust practice in the main foreign countries and China, problems in the patent trust practice of China was pointed out, such as the issues of definition of patent trust, patent trust mechanism, registration system of patent trust, tax system of patent trust, supervision system of trust patent and so on. Finally, combining the Japan-American patent trust practice, this paper provides suggestions on perfecting the definition of patent trust from legislation, perfecting our patent trust mechanism through establishing patent valuation and selecting the appropriate mode of financing, etc,perfecting registration system of patent trust through defining the conditions,subjects, contents and program, perfecting tax system of patent trust through defining the taxpayer, tax time and the specific details of assessment,and perfecting supervision system of trust patent through implementing appropriate regulatory principles and defining regulators, ect, to facilitate further improvement on patent trust law system.