An Analysis Of Incentives To Legal System By Technological Innovation In The Age Of Knowledge Economy

The patent system has been contributing a lot to the development of science , technology and the society as a whole during it's 500 years'history . However, with the evolution of society, economy and politics as well , now many problems have emerged in the patent system, such as the soaring application for patent , continual abuses of patent right , skyrocketing patent litigation and compensation incurred, deteriorative patent , increasing conflicts between the patent system and public health , monopoly brought about by patent right and patent technology standardization. All the problems above mentioned have made patent system face severe challenges and therefore it's necessary to build new incentive systems of technological innovation , because the single patent system fails to contribute enough to drive the technological innovation.Since many problems have arised in implementing the present patent system ,we are obliged to conduct research on all incentive systems of technological innovation. The patent system, as the predominant system of systems of technological innovation , it's existence is reasonable, and it's operation has advantages . Besides , many experts have come up with varied systems. For example, System of Direct Subsidy by government , namely, the government pays a specific amout of currency to the patent applicant for the ownership of the applicant's innovation; system of reward to patentees , which depends on the patent system , and govermnet's interference disrupts patentees'exclusive right to implementing the patent; non-monopolizing patent system, which patentees sel-protects their business secret without the help of the authority, similar to the system of a combination of patent , business secret and copyright to protect the first patentee against hitch-rider- like rivals , but never against rivals developing alone the same technology .Solid basis can be laid upon the incentive systems of technological innovation in the time of knowledge economy by analyzing the strengths and weaknesses of these systems, we just can't afford to abolish or abandon the patent system, because of the rationality and superiority of it's system . Instead , it should be the core of new incentive systems of technological innovation . However , since there are a lot of problems in carrying out the system of patent , achievements should be made to protect the procedural and substantive right involved, such as enhancing international cooperation , promoting the integration of international patent, regulation of patent check by upgrading patent authorization and increasing patent censors, introducing the Legal Licence in the Copyright Law to the patent system, etc. However , the above alternatives still fail to overcome the inherent drawbacks of the patent system to a large extent , and as a result it's compulsory to form new incentive systems of technological innovation according to the features of technological innovation in the age of knowledge economy. In view of the difference of the speed and cost of research, imitation ,and public interest in different fields of technology, of the technology level and the damand of public interest , it's necessary to introduce other supplementary systems so that different industries can be protected accordingly and that different countries can be treated quite fairly.