The Countermeasures Of The Questions Of The Process Of China's Patent Application

The existence of the patent system has been more than 500 years; while a systematic study of patent started about 50 years ago with a series of articles' publish. Generally, there were two topics about patent research. The first one is the patent system which is focus on the optimal patent length, optimal patent breadth, patent competition and patent imitation. The other one is based on the number of patent applications as a direct manifestation of progress in science as well as technology and applied to the economic growth model for quantitative analysis. The first type of research maximize social welfare as the objective function in order to pay compensation to the patent owner and compute the optimal patent length and the optimal width, then explore the patent competition and patent imitation problem. I am under the impression that both of these researches have neglected patent application. So we start our research from this aspect and explore some specific problems about patent application.Under the analysis of the various factors of patent application, we come to three conclusions as follows. Firstly, as a result of the relatively narrow width of patent authority, many patents with less scientific and technological content were authorized, which lead to a lower level of the whole patent application rate that is far below the level of developed countries. Therefore, we suggest that the bureau of intellectual property rights should increase the novelty of patent authority in order to improve the patent application. Secondly, during the process of the formulation of patent system, government should pay much attention to protect domestic patent application and raise the cost of patent authority as well as maintenance fee in case of patent aggression, other than adopt the existing patent system in the West. Moreover, the article also suggests that the government needs to increase R & D investment, in order to raise the level of knowledge and innovation capacity of the patent owner and improve the patent application rate. Thirdly, through the research of the process of non-service patent principal-agency model, we conclude that as the asymmetric information between patent owner and patent application manager, the patent owner couldn't confirm the status of patent application which leads to a welfare loss. In addition, due to the existence of fraud, patent owners would be cheated by unlawful patent application managers, and suffer damage that will hurt the enthusiasm of patent owner's invention appetite. Therefore, we are of the opinion that government should presently enhance the power of supervision of the urgent need to combat fraud in the process of patent application and construct a specialized market of patent in order to enable patent application and reduce patent application fraud in the long term.At last, the essay's structure is as follows. Firstly, we introduced the purpose and innovation of this article, as well as the analysis of the result. Secondly, we summarized relevant literatures about patent owing to the shortage research of patent application. Thirdly, we apply the model of maximizing the ultimate patent owner's interest instead of social welfare to analyze patent application problem. Fourthly, we analyze non-service patent application process. We specially discuss the principal-agent model of non-service patent application under the asymmetry information, the implementation of the patent can not be observed as well as the situation of existence of fraud. Fifthly, we make a conclusion and outlook of thisarticle.