Research On Chinese Patent Quality

Since patent system was carried out in country in 1985,a series of measures have been taken to encourage working units to increase the quantity of patents. Because of these measures patents of our country increase greatly, but at the same time the patent quality is low. For many years, the governments evaluate the patent only by the quantity of patent applications and patent approval. Some developed countries such as U.S. and Japan own a great number of important patents. When competing with overseas companies, our corporations usually lose a lot. With the development of economy globalization, the competition for market shares and profit between domestic corporations and foreign corporations becomes more and more keen. Our enterprises will lose market or earn little unless we take effective measures to improve patent quality. Therefore, it is imperative for us to enhance patent quality, widen the developing scope of the enterprises and increase competition competence of companies.This paper firstly gives the definition of patent quality, analyses the main phenomena of our patent quality issues, such as overlapping authorization, low enforceability and high-rate invalid patents etc., and theoretically demonstrates hazards: smash the benefit balance of patent system, impede innovation and raise the costs of innovation etc. Secondly, summarizes methods of determining patent quality, introduces in detail two popular methods -- patent citation analysis and patent renewal rate. Thirdly analyses the main reasons of poor patents in America and states the countermeasures of improving patent quality. Finally from innovation level, law, statute and policy and patent examination explores the reasons of poor patents in our country and then put forward the measures to enhance patent quality in our country.