Study On Patent Protect And Management In Modern Enterprises

China has achieved great success in industrialization and even called" world factory". But Chinese products' competing ability hasn't got so much improvement as that exporting quantity has. Chinese products' competing ability is restricted by low technology level of IPR.The development of science and technology has brought us into the times of knowledge economy. From the angle of law, the core of knowledge economy is how to use and protect intellectual property. Now in many countries intellectual property strategy has been made up in which the patent strategy is the most important. The writer has put forward to constructive proposals on further protection of intellectual properly, the management and legal protection roles in choosing the correct ways to protect the IPR.This paper includes three parts.The first part relates to what patent is and what patent system is, and introduce the content of patent system. The part also discusses the importance of establishing and perfecting patent system and the theories of patent system. The basic purpose of the technology innovation is marketing and the role of the patent system through the whole technology innovation is important to remove the disjoint between technology and economy and specifically important to encourage invention and creation, allocate the resource of technology innovation effectively, promote new technology commercialization and industrialization, protect the achievements of technology innovation and create a fair and order surroundings. Now, all countries place more and more weight on IPR, which is the key to cooperation and competitions of all fields such as politics, economy, science and technology, All developed countries such as the U.S. Japan and some European countries have regarded IPR protection as a strategy to rejuvenate science and technology and develop economy. In such a situation, establishing effective patent strategies and developing patent work are extremely urgent for China, the large developing country, if she intends to achieve success in the global economic competition.The second part analyses the current situation of patent system in the object protected for by patent law, utility model system and the effect of patent protection, form which the problems and their influence are found, which anal size and summarize the development of the copyright and patent。Concerning the job of copyright and patent, there are the following problems: emphasizing on thesis and neglecting patent out of the unbalance of applying for patent; the weakness management; the shortness maintain of the copyright or patent reflecting the low quality of applying for patent and the low rate of putting into practice; a certain extent loss of copyright or patent and insufficient of protection.This presents us a rational analysis on the development of patent work In order to be free from the present situation, enterprises must do as follows: firstly, improve the awareness of IPR, especially the leaders'awareness of IPR: secondly, establish and perfect regulations of patent management.: thirdly, get rid of flaws in the present evaluating system on achievements of scientific research and establish a more scientific and reasonable one to promote the knowledge and technology innovations and to motivate researchers effectively and promote the formation of the original innovation and independent IPR: fourthly, strengthen the industrialization of science and technology and give full play to the role of IPR in the industrialization of universities'science and technology: fifthly, strengthen the collection, analysis and service of patent information to improve researchers'ability effectively and avoid the violation of patent.The third part is An Analysis of Countermeasures against Government's Management of Patent. The countermeasures, in the object protected for by patent law, the effect of patent protection to solve the existing problems, are offered. It is necessary for the government to fully improve its awareness of IPR. The patent system has been set up in our country for only twenty years. As a result, there is a wide gap between China and developed countries in aspects like the awareness of intellectual property. The government has the duty to strengthen its guidance and service in various aspects of intellectual property, and to enhance the whole society's awareness of intellectual of property in an all-round way; it should establish coordinating mechanisms of intellectual property between different systems of the government, because one of the most important characteristics of the management of intellectual property is its wide existence in all trades and professions. In terms of colleges and academies or institutes of scientific research, it involves administrative departments like science and technology, education, industry and commerce, intellectual property as well as other related trades. The coordination of different administrative departments is an important factor in strengthening the management of intellectual property. Hence the governments at different levels should establish a unified managing leadership and a comprehensive coordinating mechanism; the government should also intensify the functions of the special agency of intellectual property, and strengthen corresponding legislation and enforcement of the law; it should build up an evaluation and checking-and-accepting mechanism of intellectual property against scientific research projects invested by the government; Make strategies for patent around key industries, and include them in the innovative system and investing policies. It is suggested that governments at different levels set up a patent development fund respectively to support patent application and increase its possession of independent intellectual property. In addition to the above countermeasures, the government should establish a platform of research and development as well as cooperation between colleges, academies or institutes of scientific research and production enterprises, strengthen the work of intellectual property information, and establish a public information platform of intellectual property; strengthen the construction and management of intermediary agencies, and accelerate the scientific management process of intellectual property of enterprises and institutions; and try to practice the strategy of talent. Undoubtedly, with the development of reform and opening-up, the level of patent protect of our country will be stepped to a new stage, and the international status of our country will be consolidated and strengthened too.