A Study Of The Patent Law System On National Defense Science And Technology

National defense science and technology is an important part of modern science and technology. It undertakes double tasks of defending state safety and developing national economy. Making a comprehensive survey, the developed countries take it as an important policy of improving technology strength,promoting industry going up and heightening military capability. In intellectual property law, the patent law exerts a tremendous influence on national defense science and technology.This article at first, reviews the patent law systems founded and developed in many developed countries, elaborating the defense patent law systems and their property right pattern on America and Germany, and analyses their own characteristic on patent law system on national defense science and technology. The writer considers "License Policy" can balance tripartite benefits among nation,unit and inventors as to "Title Policy". It can better put the fruits on national defense science and technology into effect. Then the writer discusses the problem that defense patent law system built in our country is necessary and feasible, introduces the characteristics on our defense patent system, analyses the situation in which national defense science and technology patents have been applied for and carried out, and dissects the questions on the present patent law system not only referring to national economic system and scientific system but also referring to the incompleteness of patent law system, particularly to that of defense patent law system.At last, the writer put forward the points how to improve the patent law system on national defense science and technology, especially to perfect defense patent system. Because property right is fundamental,problem, we should firstly perfect property Right system on defense patent, build the property right system in which tripartite Benefits among nation,unit and inventors can balance. Secondly, we should perfect encouragement system through three sides among compensation,distributing benefits and appeal so as to mobilize inventors' enthu_siasm. Thirdly, relieving secret system is significant, so we should complete the system from two sides between Defense Patent Bureau relieving secret and defense patentors applying for relieving secret. And information exchange system and the coordination and transformation system between the defense patent law system and the patent law system are pointed out.