Study On The Improvement Of Patent Encouragement Legal System In The Whole Range And Whole Process

We are vigorously enforcing the intellectual property strategy, especially the patent strategy for the better socialist modernization. In order to make the patent strategy practicable, we must give the appropriate rights to the every body of the stakeholder. To gain the patent right is a process, including the preparing-stage, proceeding-stage, obtain stage, application stage, and the managing in the whole process. Our patent law only protect the right of the patent right body, not established the legal system for the other stakeholders. according to labor creates property theory, Marx's labor value theory, stakeholder theory and labor right theory, we must give the right and encouragement to the people who pay the labor for the innovation and creation, also will share the patent interest. so the essay introduces the patent encouragement legal system in America, Japan, Britain and Germany, based on the revise and improvement of the original patent legal system, and create new legal system, for example, the intelligence labor ability legal system, the creating intelligence fruit quality legal system, the promote intelligence fruit application legal system, organizational management patent right legal system and encouragement of the intelligence right lawsuit legal system. Coming into the patent legal system in the whole range and whole process, make the actual effect of implementation of patent strategy better.