The Study On Legal System Of Hi-tech Patent Protection In Our Country

High technology, showing the orientation and hope of economy development, plays a more and more important role in today's world economy development. The level of its development determines the enhancement of the overall national power. Therefore, driving the growth of high technology is carried out as a major development strategy for both developing countries and developed countries. This article focuses on the importance of patent protection to the high technology development, and taking the current conditions in our country and the patent protection problems into account, it also provides suggestions about how to improve high technology patent protection policy.The article is divided into four chapters. The first chapter, the overview of high technology patent protection, covers two parts. In the first part, the concept of the high technology and its particular features are introduced. High technology, based upon the integrated science technology research and positioned at the forefront of contemporary science and technology, includes the knowledge, technology and invest-intensive technology group which play a leading role in developing productivity, promoting society civilization and enhancing national defiance power. There are many particular features over the traditional technology. In this part, the impact which high technology has on the human economy life is also involved. Second, it analyzes the distinct advantages and feasibility in which the high technology is protected by patent.The second chapter introduces the status quo of high technology patent protection law in US, Japan and Germany, and anal sizes the advantages of patent protection in these typical countries. In this chapter, the advanced aspects, which should be used for reference and application for our country, have been concluded as well.The third chapter describes the status quo and causes of high technology patent protection law system of China. In the first place, it provides an introduction of the status quo of high technology development and the features of high technology patent protection. Secondly, it detailed the issues in high technology patent protection law system and its cause analysis, which covers four aspects - substantial conditions for obtaining patent right, procedural conditions for forming the system, protection cycle and pirate judgment.The fourth chapter provides the discussion of the legal considerations on how to improve high technology patent protection system in our country. The author thinks that the first step is to enhance the stimulant function in patent act. And next we should strengthen the patent act, for example, expanding the patent protection system, addressing limitations on procedural conditions, increasing flexible rules for high technology patent protection cycle, and perfecting judicial protection of high technology pirate problems. And at last, the author holds an idea that we could protect the high technology with trade secret law and anti-unfair competition law.