A Study Of The Relationship Between The Technology Innovation And Patent System

The technology innovation is the initial motivation of survival and development of enterprises,and it is the guarantee to realize the final purpose of technology innovation as well as the most benefit of enterprises to protect the patent right of technological innovation product. As a active and adjustable mechanism,patent system impulses science and technology progress by law. patent system relates firmly with the development of science and technology as soon as it came to being. The author tries to use the specific view of science and technology philosophy combining with the theories and methodologies of law and economics to analyze the relationship between technology innovation and patent system. The conclusion is that there exists an objective interactive relationship between technology innovation and patent system. The latter was raised by the first technology revolution;at the same time it provides proper system environment and active mechanism for the former.There are five parts. The first is the general theories of technology innovation and patent system,mainly including the concepts and related theories of technology innovation and patent system and so on. The second part demonstrates the relationship between technology innovation and patent system by means of theories and particulars. Marxism theory from the philosophic angle discovers their interactive relationship. The fact which the forming and developing process of patent system is consistent with the transforming process of the science and technology center proves that every developing step of the former is connected with the condition and level of technology innovation. The third part analyzes the active mechanism of technology innovation to patent system. the mechanism mainly embodies that it gives rise to objects being preserved by patent system ,deepens the preservation connotations , extends the preservation ranges , and accelerates the internationalization process. The forth part is the active mechanism of the latter to the former. This part points out the latter encourage the actions of technology innovation from three structure dimension:the patent height,the patent breadth and the patent length. At the same time, patent system encourage technology innovation from the active process in all phases of the technology innovation. The last part,based on the theory, analyses the existing problems and challenges of the patent protection of technology innovation in China enterprises and puts forward some relevant countermeasures.