Research Of Status And Existing Problems Of Patent Administration Protection In Gansu Province

The Patent Law of the People’s Republic of China issued on April1st in1985characterized the achievements we had scored in over20years were as good as that attained by developed countries in several hundred years, and the protection model of patent with Chinese characteristics relied on the co-ordination of administrative protection and judicial protection, which is different from the foreign model relied mainly on judicial protection. Construction of patent protection not only conforms with the basic national conditions and the regulations of International Intellectual Property Rights Protection Treaty, but also fills the public rights requirement of patents. So, the patent administrative protection takes root and spread gradually in China and becomes an important factor affecting the economic, social development and construction of innovative country.The history of our country patent administration protection can is divided into four stages, which were marked with the promulgation, implementation and three amendment of the first Patent Law. From the four history stage, we can see the development trend of patent administration protection, that is to say the main emphasis has been shifted from patent dispute mediation to handle illegal activities using administrative method. In future, the emphasis of patent administration protection will be to increase social administration and improve public services.The existing problems and solutions will be founded by analyzing the development course of patent administration protection in China and the present state of that in Gansu Province in the paper. The paper was divided five sections. The first section is introduction. The basic concepts of patent administration protection were explained in the section; The second section is development course of patent administration protection in China and the system of that aboard; The third section is present state of patent administration protection in Gansu Province; The existing problems of patent administration protection were analyzed in Gansu Province in the fourth section; Solutions were studied in the last section.Innovation sustains the progress of a nation. It is an inexhaustible motive force for the prosperity of a country. The essence of Patent System lies in converting innovative achievements to patents and protecting the patents using laws, which is beneficial for accelerating technology progress as well as improving key competitive of nations and states. Thus, the importance of patent administration protection is self-evident. Only relying on self-innovation and progress of science and technology can realize leapfrogging progress of economy and society in Gansu Province, which is located in underdeveloped area in China. So, it is necessary to explore the present state and found the existing problems and solutions of patent administration protection, so that it can work really and provide effective support to the innovative construction of Gansu Province.