The Legal System Of The National Patent Strategy Research

The national patent strategy, with the patents as its tool, is one of the national strategies for the improvement of national competition ability. The legal system of national patent strategy covers all of the laws relevant to the patent law, which is for the support and guarantee of the execution of national patent strategy. The structure of the legal system of national patent strategy should adopt the principle of encouraging invention and creation, and encouraging the industrialization of the patent product. The United States, Japan, and South Korea are among those countries, which have successful and competent experience in setting up national patent strategy legal system. China still has a long way to go to catch up with those countries in this aspect. Basically, the legal system of national patent strategy includes two parts: the system of transforming technology into legal rights, and the ancillary legal system. The system of transforming technology into legal rights includes the invention incentive system, patent grant system, patent exploitation system and patent protection system. While the ancillary legal system includes technology agent system, antitrust system, patent insurance system, patent trust system, etc. This article studies the reform of China's technology valuation system and re-structuring of employee invention system, both of which belong to the invention incentive system. This article also deals with the reform of patent examination system of patent grant legal system, the construction for system of transforming patent rights into stock of patent exploitation legal system, improvement for the system of the customs administrative protection of patent, and the reform of patent judicial system. Concerning the ancillary legal system, this article points out that the technology agent system should be improved, obligatory license system should be executed more effectively, and the patent insurance system and patent trust system should be structured.