The Research In Legal Questions Of Patent Evaluation

Patent assessment is the vital part of the patent industrialization, and also is the important step of patent application. With the publication of National Intellectual Property Strategy and the establishment of intellectual property evaluation system in 2008, the use of that based intellectual property is the performance of the power of intellectual property and the ultimate goal of the implementation of IP strategy. Law is the protection of the market economy, therefore, it has very practical and significant meaning to analyze the patent evaluation from a legal view.This article contains five parts. The first part analyzed characteristics, conditions and significance of patent assessment from the fundamental theory, which responded the importance of the patent assessment partly, and supported the primary theory bedding for the further discussion.The second part discussed executive agent of Patent Review, namely registered valuer. This part focused on the legal characteristics and legal obligations of registered valuer. They should maintain professional authority, status and other characteristics of independence and self-discipline during their practicing. On the discussion of legal obligations of registered valuer, the duty of care, confidentiality and intimation were deal with.In the third part, the patent evaluation methods were construed. This section introduces and discusses several common methods of patent evaluation. combined with the characteristics of the patent, if each method were applied to patent evaluation, was analysed. The common method of patent evaluation- income approach was introduced significantly. Finally, quantitative evaluation method was introduced consistent with the development of patent. the introduction of this part not only maintained the structure of the rigor of paper, but also prevented patent asses sment from losing efficacy, most importantly, in order to keep the objective results.The fourth part study legal factors affecting patent evaluation. the value of legal factors affecting the patent was discussed from the legal point of view. The impact of patent evaluation factors, such as the patent type, the patent document, legal status of patent, state of patent licensing and implementation, and other legal considerations was investigated. One reason of this study is to provide a frame of reference for the objectivity of assessing patent assets. It also revealed the complexity of the patent asset valuation and should be taken into account in profile. The fundamental purpose is guiding and evaluating the current practice and results of patent assessment, by means of studying the legal affects to patent assessment. The reason of legal liability of patent assessment was discussed firstly, then studying subject of legal responsibility and responsibility object of patent assessment, combining with particularity of patent assessment. Furthermore, the legal liability including of civil liability, administrative liability and criminal liability was discussed. Finally, preliminary suggestions of perfecting legal liability of patent assessment.