Study On The Legal Issues Of The Industrialization Of Patent

The development of knowledge-based economy is more reliable on the accumulationand application of intellect and pays more attention to the invitation and operation ofknowledge. As the representation of high-end knowledge, patent technology a huge ofeconomic and commercial value. Therefore, research on the legal issues of theindustrialization of patent definitely has profound practical significance.The issues of Patent industrialization on the surface is commercial problems thathappens in the transformation process of converting patent into industrialization, but withregard to the essence, it is profound legal reasons that cause the risks of technology,information, capital and infringement in patent industrialization. Hence the main purposeof this article is to provide relatively perfect and feasible countermeasures in promoting theindustrialization of patent from a policy guide and legal regulation perspective.This article analyzes by using the theory of jurisprudence and related disciplines inaccordance with the pheromone that defects of the Patent examination system to someextent cause low patent quality of China, and the perfectness of legislation in intermediaryservice of science and technology serious influences the development of China’s scienceand technology intermediary service industry, and the unsoundness of the Intangible assetspledge system in Property rights system is not conducive to money mobilization forsubjects of the Industrialization of patent, and the faultiness of Patent infringementcompensation system and the existence of competitive patent pool lead to tremendous riskof infringement.This article proposes some feasible measures against the risks of technology,information, capital and infringement in patent industrialization to clear the resistances ofthe legal system in Patent Industrialization. It is suggested to strengthen the construction ofthe patent examination team and to add “Greenable” as a new patent examination standardand to partly introduce in the Public patent review system in the purpose of improving thequalities of patents in China. It is suggested to clearly definite the independent legal status of the science and technology intermediary and to perfect legislation related to science andtechnology intermediary and to strengthen finances and taxes supports of high technologyservice industry so as to achieve the purpose of perfecting China’s science and technologyintermediary service industry. In order to dredge patent asset financing channels, it issuggested to perfect the Patent pledge system and to establish the Patent securitizationlegal system. It is proposed that legislative bodies should amend stipulations aboutcompensation for patent infringement in law and regulate monopolistic behaviors of patentpools to make sure the risk of infringement in the patent industrialization can be reduced toa great extent. Legal countermeasures above basically ensure that the industrialization ofpatent can be smoothly proceeded. Note worthily, it is the main innovations of this paperthat add “Greenable” as a new patent examination standard and regulate monopolisticbehaviors of patent pools by law.