Study On Problems And Solutions Of Patent Strategy Of Chinese Enterprises

With the development of the world's economic integration and China has been a member of WTO, Chinese enterprises should proceed from a strategic height to understand and deal with strategic issue of the company's patents. Many Chinese enterprises don't know how to deal with it when they are accused that they infringed upon foreign enterprises' patent rights because they are lack of cogitation of patent law and practical experiences. This influences the development of Chinese enterprises. So we must pay more attention to the shortcomings and loopholes of the patent strategy and study the status quo and characteristics and set up their own patent strategy swiftly.In this paper, the main body of the contents is divided into four chapters.The first chapter writes the Chinese enterprises are confronted with patent crisis, the concepts of patent strategy and enterprises' patent strategy, types and necessity of setting up patent strategy of Chinese enterprises.The second chapter writes the problems and status quo of Chinese enterprises. 99 percent of the Chinese enterprises haven't applied any patents and don't have patent strategy except some big enterprises just like Huawei, Haier, Lenovo and ZTE Corporation, a number of major patents. Many problems in carrying out the patent strategy of enterprises have been exposed: They have much poorer patent awareness; They have wrong proposals in the patent strategy; They have less ability in carrying out the patent strategy; They pay more attention to technical achievement and publishing papers instead of applying for patents; They haven't set up patent managing department and don't have patent talented persons who knows English, patent law and technology. Compared with foreign enterprises, the proportion of the invention is smaller in the patent of Chinese enterprise.The third chapter writes the characteristics of the United States' and Japan's patent strategy of enterprises which give Chinese enterprises' patent strategy the Enlightenment. Mainly writes the patent strategy of the United States and Japanese enterprises, as well as the characteristics of China's enterprises in the reference. The fourth chapter writes the solutions of patent strategy of Chinese enterprises. The Chinese enterprises should find out the disparity in the sphere of patent strategy and learn from the developed enterprises; they should learn the patent law with the workers and improve their patent awareness; They should pay more attention to retrieve the patent document information; They should pay more attention to use the out-dated patents; They should pay more attention to combine patent with technical standard together; They should set up administrative department and train patent managing persons; They should set up their own patent strategy which could produce the most profit; They should make good use of the paten law suits strategy to protect their patent rights.I hope this paper could give the Chinese enterprises which have no patents and no patent strategy some good suggestions. I would be honored if the Chinese enterprises set up their own patent strategy.