The Perfecting Of The Patent System Of China From The Perspective Of The Enterprise Patent Strategy

The enterprises of our country frequently encountered the patent barriers from abroad, so researching on perfecting the patent system of China from the perspective of the enterprise patent strategy is important. The enterprise's patent strategy means in order to obtain and keep the market competing advantage, enterprises use the patent law system voluntarily, make the comprehensive plan done of enterprise's patent work. The legal system of the enterprise's patent strategy covers all of the laws relevant to the patent law, which is for the support and guarantee of the execution of enterprise's patent strategy. The enterprise's patent strategy includes three parts: the patent grant strategy, the patent exploitation strategy and the patent protection strategy, which is closed to the system of China's Patent Law. So the system of perfecting the patent system includes three parts: the perfecting of patent grant legal system; the perfecting of patent exploitation legal system; the perfecting of patent protection legal system.First, It can be said that the patent grant legal system is the basis of the legal protection system. So the perfecting of patent grant legal system is the basis for perfecting the patent system. The patent grant system has problems from the perspective of the enterprise patent strategy. So we need to perfect the employee invention system, the patent examination system and the patent fee-charging system. Second, after the patent application is approved, the enterprise should consider how to use the patents reasonably. The patent exploitation system has problems, So we need to perfect the patent exploitation legal system. So the perfecting of patent exploitation legal system is the core for perfecting the patent system. The patent exploitation system has problems from the perspective of the enterprise patent strategy. At the backdrop of the third amendment of China's "patent law", we need to perfect the system of transforming Patent rights into stock and the System of using patent supporting. Finally, the perfecting of patent protection legal system is the last barriers for perfecting the patent system. The patent protection system has problems from the perspective of the enterprise patent strategy. We need to perfect the system from administrative protection and judicial protection.