A Legal Research On The Patent Strategy For China's Technological Industry

Along with the economic globalization and the arrival of knowledge economy, the patent capability has become one of the indicators for one state's comprehensive competence. Particularly for the technological industry, patent management plays a more important role in the enterprises. Patent has been an effective way of gaining Strategic Advantage among global competitions and as well strategic resources. All the countries and multinational corporations start establishing and enforcing their patent strategies and Patent protection has been a trend in the world. Unfortunately, tech-industry of China faces serious challenges. The disadvantages China's tech-industry has in the patent competition made us reflect the issue immediately. In a word, how to protect the company's patent right and how to make company's patent tactics among the domestic and overseas trade competitions is a major task.This paper focuses on patent legislation in China and enterprises'patent tactics. Through cases and comparison methods, the paper discusses difference between U.S. contract law and China's in terms of tech-industry trade and put forward some practical suggestion in China's enterprises'position. The 1st part of the paper illustrates major rules and principles of international patent protection conventions. The 2nd part discusses problems about the rules concerning compulsory licensing of patents, sublicense right and China's enterprises'disadvantages under TRIPs. Then the 3rd part compares related rules of the U.S.contract laws. In the end, the author puts forward solutions to establish patent management regulations and adopt patent protect tactics...