Study Of Legal System On Patent Commercialization

With the public awareness of the importance of intellectual property enhancing,the effect of patent system on encouraging invention and innovation is more and more prominent.In recent years the amount of patents grow rapidly at the increasing rate of 20%per year.In the meanwhile the rate of patent commercialization does not ascend much.The contribution of patents to the economic growth is not obvious.A lot of patents can not be used practically and become "sleeping patents".Especially with the rapid growth of the amount of patents of universities and research institutes,it still is an urgent problem that how to put the patents into practical use.Therefore,the writer studied the legal system on improving patent commercialization and wrote this paper.The present paper briefly comprises three parts:the foreword,the text including four chapters,and the conclusion.In the foreword the writer describes the importance of invention encouragement and patent commercialization in the construction of innovative country and the enforcement of national intellectual property strategy.In the text the first chapter is named as patent system and patent commercialization.The writer introduces the concepts of patent system,patent commercialization and patent commercialization rate.The second chapter is named as the patent commercialization in China and the existing problems.The writer examines patent commercialization status of companies,universities and research institutes in China.The writer also analyzes the reasons that affects patent utilization.The third chapter is named as patent commercialization legislation abroad.A series of technology transfer related acts of America and patent license of right in UK and France are studied in this chapter.The fourth chapter is named as construction of legal system on patent commercialization encouragement.Considering the third amendment of patent act and by learning overseas experience,it is suggested to establish or amend related laws in order to improve the patent quality,encourage inventors' working on patent commercialization and to introduce the license of right in our patent system.It is also suggested to improve the legal system of the medium service organization.In the conclusion the writer expresses her opinion about our patent system and status of patent commercialization,and indicates that it is key to raise the inner desire of innovation and to raise the ability of self innovation and ability of accepting new technology in companies.