On Legislative Strategies Of Patent System Efficiency In China

The patent delay problem in patent offices is popular in all countries. We analyze the basic concepts of patent system efficiency based on basic theory of patent system. Then we summarized three main features (legality, timeliness and economy) of patent system efficency and the conclusion that the patent system efficency should be raised based on comparison. We proposed the novel strategy of raising the efficiency of patent systems which is pratical from the view of civil and commercial Law system.USA, Japan, Europe and other contries or regions executed patent law for hundreds of years and then it became international with the development of science and technology. But the statistics and analysis of patent application shows, the patent delay problems bring economic losses to these countries and regions. Though analysis of the efforts of enhancing the efficiency of the patent systems in these countries or regions and combined with my personal work experience and in-depth theoretical analysis, we summed up the problems existing in our patent system in the application procedure, application fee, the trial period, and the invalidation.Aiming at solving those problems, we focuse on two aspects: the vertical and horizontal views to propose to enhance the efficiency of China's patent system legislative responses. Vertical refers to all aspects of the patent system itself and we propose several measures to enhance the patent system, including:legislation for promotion the efficiency of application, validation and grant; aiming at long or short term target of science and technology of China, constructing high speed channel; generate information cooperation system; improving the eletronic application system. And lateral refers to the efficiency of the patent system affect other systems, including patent agency service system, examiners and patent agency systems.