The Evaluation And Advancement Of The Current Situation Of The Using Of The Enterprise's Patent

In the century of the knowledge-based economy, the voice of the respect for intellectual property rights is more and more intense meanwhile the patent areas are starting to thrive. However, because China's patent system set up lately, the enterprises are generally unfamiliar with it. As the result, the enterprises start to "respect" for the intellectual property rights, but they don't really pay attention to the intellectual property rights. In practice, the situation of the patent of China's enterprises is not optimistic. Enterprises do not have a strong awareness of the patent protection. Some enterprises were under the threat of foreign companies' "patent big stick", and suffered from the limitation of the foreign enterprises.In this paper, the basis of the patent's theory being the starting point, the author analyzed and researched the current situation of the using of the enterprise's patent, and explored the problems and causes of China's enterprises in the patent from aspect of the economy, the awareness and the law. Applying comparative methods to compile the article, the writer learned from the developed countries and the experience of successful enterprises and proposed the establishment of the patent strategy.This paper consists of four parts. The first part was about the basis of the patent's theory. This part defined the patent concept and introduced the Patent invention, the Patent for Utility model, design patent from patent's authoritative conditions and duration of protection.Through a series of data and charts, the second part objectively and concretely displayed the current situation of the enterprise's patent. The application of the patent increasing every year, but under the thriving phenomenon there still deficiency. The difference of the local distribution, the shortage of the patent's consciousness, the lowness of the patent's quality, the application of the foreign country still go up and occupy our country's patent market.The third part mainly analyzed the existing problems of the current situation of the enterprise's patent. In this part, the author multi-dimensionally analyzed the reasons of all aspects such as the economic, the awareness and the law. From the economic aspect, the author firstly analyzed the imbalances of regional economic development of our country which caused uneven distribution of enterprises' patent, secondly analyzed the scientific and technological capabilities of our country inferior to the developed countries. From the aspect of the awareness, the author analyzed the fact that the enterprises are not good at using the patent to protect their own interests and failing to pay more attention to the patent. From the aspect of the law, the author analyzed the widespread of the patent infringement and the patent abuse which bound the enterprise's development.The part IV proposed the establishment of the China's enterprises patent strategy. After analyzing the existing problems and reasons of the current situation of the enterprises patent, the author put forward six proposals to establish the enterprise's patent strategy from four points of view, that is, the recognition, the technique, the organizational structure and the legal system protection.