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Study On The Patent Characteristic And Circulation Of Agriculture And Forestry Intellectual Property Right

Posted on:2011-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:M RaoFull Text:PDF
GTID:2189330332469059Subject:Agricultural extension
Abstract/Summary:PDF Full Text Request
By using the method of spatial autocorrelation analysis, the global spatial autocorrelation and the local spatial autocorrelation of accept and authorization quantities of patents in China were analyzed. The results showed that the global Moran's I indexes of accept and authorization quantities of patents ranged between -0.1805 to 0.0425 from 2005 to 2007. There was no significant global spatial cluster for accept and authorization quantities of patents with the random distribution on the whole. However, significant local spatial autocorrelation occurred. The provinces of significant "Low-Low" correlation mainly distributed in western China, while the provinces of significant "High-High" correlation and of high accept and authorization level were those of areas located at developed eastern coast of China. The cluster region of the low accept and authorization levels had the tendency of reduction.The dynamic analysis and predicting of patent application and authorization is the base for the building of preparedness mechanism and designing and formulating related policy and strategy, which has important academic significance. Analysis for wave-type time series is a new method of time series analysis, which is pretend to use to simulate the data of patent application and authorization in China in the paper. Regarded the dynamics of patent application and authorization in China in 2005 as research objective, the method of wave-type time series was used to simulate the dynamics of patent, and the dynamics models of patent application and authorization and invention patent in application were deduced in this paper. The results were satisfactory, which meant that the analysis for wave-type time series could use to simulate the dynamics of authorized patent and patent application. The study will enrich the methods for simulating the data of authorized patent and patent application.Using the rich patent source on the Internet, the paper counts the application domestic patents of the Universities in Fujian Province and 6 agriculture and forestry universities of China, and compares the application situation between Fujian Agriculture and Forestry University(FAFU) and other universities in the three periods of from the implement of the Patent Law to 2002, to 2006 and to 2010. The numbers of FAFU's application are similar with other universities that shows that the applications (The dead line is Aug. the 20th,2010 and the applications contain patents, practical new types and appearance design) are in the middle level(total 279), which is less than Fuzhou University (total 769) that is one of the 211 national key universities, less than Fujian Normal University(total 769), and only higher than province ones such as Jimei University (total 83), Fujian Medical University (total 56), Fujian University of Traditional Chinese Medicine(total 21) and so on, less than other agriculture and forestry universities especially China Agricultural University(total 1610), Nanjing Agricultural University(total 667), Huazhong Agricultural University (total 624), Nanjing Forestry University(total 516) and so on. In the warrant ratio, the paper further compares the differences between FAFU and other universities. The results show that the warrant ratio of FAFU is 29.54% which is in the middle level, less than China Agricultural University(40.45%), Nanjing Agricultural University(42.02%), Fuzhou University(39.05%), while higher than Fujian University of traditional Chinese-University(23.53%) and Fujian Medical University(22.22%). In losing effectiveness ratio, FAFU(32.26%) is effectively higher than China Cultural University (18.88%) Huangzhong Agricultural University (24.52%), Beijing Forestry University(22.03%), Fuzhou University(31.47%),Jimei University(16.87%) and Fujian Medical University, and only a little less than Fujian Normal Uhiversity(37.71%). The long-term mechanism of improving university applications is put forward in connection with the comparative characteristics of FAFU's application and warrant patent losing effectiveness.Based on the analysis of the average increase rate of patent accept and authorization in China from 2003 to 2007, the global spatial autocorrelation and the local spatial autocorrelation of the average increase rates of patent accept and authorization in China from 2003 to 2007 were studied by using the method of spatial autocorrelation analysis. The results indicated that the average increase rates of patent accept in the provinces, municipalities directly under the Central Government or municipalities ranged from 5.77% to 95.90% and those of patent authorization varied from -3.11% to 81.25%. The parts of regions distributing in eastern China and western China had relatively great contributions to the increase level of the whole country with the high increase rates. The global Moran's I indexes of the average increase rates of patent accept and authorization were 0.1535 and 0.0921 respectively. There was no significant global spatial cluster for both of the increase rates of patent accept and authorization with the random distribution on the whole. However, significant local spatial autocorrelation occurred. For the increase rate of patent accept, the provinces showing significant "Low-Low" correlation mainly distributed in the northeast of China and the provinces of significant "High-High" correlation were mainly located at eastern China. For the increase rate of patent authorization, the provinces displaying significant "Low-Low" correlation mainly centered on southern China and the provinces of significant "High-High" correlation were mainly situated at western China and eastern China.Fujian Agriculture and Forestry University (FAFU) is a key provincial university of Fujian Province, with long history, notable branch superiority and great influence in the agricultural and forestry colleges and universities in China. The paper analyzes and counts the interannual variations of the patent applications and the warrants, the patent contents and active forms; analyzes the distribution disciplines of the patent applications & warrants among the colleges in FAFU and the age and professional title composition of the 1 st inventers, and discusses the composition and distribution of the 1st inventers in FAFU in the basis of the investigation data of the patent applications and warrants in FAFU in each year after China established the patent system. The results show that there are 262 patents in total (237 service inventions and 25 non-service inventions among them),75 the patent warrants (70 service inventions among them),45 appearance designs and 71 new practical patent warrants (7 and 35 service patents respectively) in FAFU. The patent applications in FAFU contain 54 categories, in which only six ones'proportion is larger than 5%, i.e. A01G, A01N, A23F, A23L, A61K and C12N consisting up to 5.7%, 9.9%,5.3%,12.6%,7.6% and 11.8% of the total in order, as to be active categories. Warrants overtaking 5 contain A01G,A01N,A23L,A61K,C09B and C12N accounting for 6.7%,12%,14.7%,8%,6.7% and 12% of the total respectively,which consist up to 60.1% of the total warrant patents as to be the active categories of the warrant patents. In the new practical patents, A01B, A01G, A23L, A47G, A47J, B65D and F26B are more than 3, accounting for 8.5%,5.6%,4.2%,5.6%,4.2%,8.5% and 7.0% of the new practical patents respectively and 43.6% in total, as to be the active ones of the new practical patents. In appearance design patents, there are 05,09, 19 and 20 four categories, in which 19 takes the largest share accounting for 57.8%. The patents'distribution in different colleges is widely different. The patents of School of Life sciences and College of Food Science are much more than others both in applications totaling to 103 and warrant numbers totaling to 35, consisting up to 39.3% and 50% of the whole university respectively, the colleges of which are active colleges of application and warrant. The 1st inventors are main in orthometric height professional titles, the proportion of which is up to 61.8% while the proportion of the middle title is small, and whose ages are main between 41 to 55, consisting up to 52.7% and 61.4% of the service applications and the whole warrant patents respectively. In the whole 262 application patents of FAFU,228 ones are finished by cooperation consisting up to 87.0% of the total, in which 215 service inventions are made by cooperation making up to 90.7% of the total. In the 75 warrant patents,66 ones are cooperated by several people accounting for 88.0% of the total warrant patents, in which 64 service patents are cooperated accounting for 91.4% of the total service patents,102 applications are finished by more than 5 people making up to 38.9% of the total application ones, and the same with 32 warrant patents consisting up to 42.7% of the whole 75 ones. The analysis of the 1st inventors'distribution finds that there are 56 people applying 1 invention patent accounting for 21.4% of the total applications and 53.8% of the total 1st 104 inventors, that 7 people apply for patents between 8 and 15 and the total ones of which consist up to 30.2% of the total application patents, and that in the distribution of the warrant people,29 people get one patent accounting for 70.7% of the total,5 people get 2,2 people get 3 and 4, and the most gets 9 followed by 8 both of which accounting for 22.7% of the total. In the end the paper analyses the main problems in protecting the patents of FAFU, such as the less applications, the small warrants'proportion, the obvious patent active categories, the non-optimized ages of inventors, the wide differences among different colleges and gaps in kinds of awareness, and puts forward to some opinions and proposals in cultivating and improving the creativity and protection consciousness, building award system of inventors and training system of patent knowledge, and strengthening the function of the Cultivating Center.Intellectual property right is a kind of property rights, whose value is the participating of usage and circulation in markets. On the basis of the discussion at the important significances of the intellectual property circulation, the paper analyzes the main circulation ways of intellectual property rights, such as remising, transferring, mortgaging, buying shares and renting, furthermore elaborates the relevant mechanisms, which need building in the circulation of intellectual property rights, such as building the factor markets, improving the technologies and laws, strengthening the management mechanisms, intensifying the value evaluation, making the encouragement mechanism and so on, bearing great reference value for the practice of the intellectual property rights' circulation.
Keywords/Search Tags:Intellectual property right, Patent application, University, Fujian Agriculture and Forestry University (FAFU), Circulation mechanism
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