Research On Patent Law Strategy Of Chinese Enterpirses

November11,2010,the National Intellectual Property Office of China haspromulgated "the Development of National Patent Strategy (2011-2020)", this is theoutline of "the National Intellectual Property Strategy ", which from the height of thenational strategy, made it clear that in2020, China will be a country of patent creating,using, protection and management. As for our country, enterprises is the main bodyof the market economy, whose main function is to obtain advantages win profit in themarket competition, in order to realize the maximization of the shareholders’ interests.Formulating the correct patent strategy, which aiming to obtain patent advantagesincluding technical advantages and competitive advantage, is the only way for everyenterprise. On the other hand, facing the opportunities and challenges of theknowledge economy age, the only effective strategy for Chinese enterprise is to takethe opportunity to take technology innovation and system innovation,and they shouldbe done within the legal framework, of which, the most basic legal framework is thepatent system. In other words,a modern enterprise should be familiar with the patentlaw system, and can make full use of the patent system to realize the goal ofmanagement of business organization of the enterprise. This realization of enterprisemanages is the process of the enterprises’ strategic goals, and actually is a tactical andstrategic operation process of using enterprise technology and patent resources.The patent system,is a kind of of the legal system which developing along withthe development of commodity economy and science and technology management,and is the use of legal and economic means to promote the progress of technology.The basic content of this system is, in accordance with the patent law, patentdepartment grant of the patent right to the applicant’s invention patent afterexamination and approval, and at the same time, the content of the invention will beopen for technical information exchange and technology compensatory transfer. Tobe simply, it is a legal system in accordance with the patent law, through the grant of the patent right and invention, to promote technological progress and economicdevelopment. During the implementation of the patent system in the world forhundreds of years, patent system has encouraged the invention,promoted the industryand technology progress and the intelligence and technical exchange. The patentsystem "patent" is focused on technology inventions, and become a monopoly of theright, and is generally adopted by all market countries.Enterprise is the main body of the market economy, in the contemporary globalcompetition environment, the enterprise has entered the era of using strategy to win.Enterprise patent strategy is one of the enterprise competition strategy, and is close tothe market competition.It is through analysising the enterprise economic strength,business operations, technology competition and other factors and is thecomprehensive of the establishment of the strategic use of patent to promoteenterprise policy of development. As a strategy, to the enterprise, it is the integrityplan of the global issues; as a category of patent strategy, it is the combination oflegal, technology and economy, which is using market competition and technologicaladvantages from competition to seek the target of competitive advantage and themaximum profit.However, both in theory and practice, it is is not a long time for Chineseenterprises begin to value and use the patent strategy compared with foreignenterprise especially some famous multinational enterprise, and there still exists arelatively large gap, which stops their development, and even bring financial losses.On the one hand, at present in China, to a great extent, for lack of a comprehensivesuite of target enterprise patent strategy,many enterprises can’t understand theenterprise patent strategy correctly to get economic value and earn power, let alonefurther using the patent system to promote the patent and get economic benefit fromthe implementation. At the same time, in practice, many enterprise also don’t haveoperational system method and decision-making process to apply to the patentstrategy.This paper analyzes the problems in the enterprise patent work and solve thisproblem for target strategy method, and make full use of actual condition to get themethod, and provide some reference for the work enterprise patent strategy. The article is divided into three parts: Chapter One is about the definition of the enterprisepatent strategy; Chapter Two is the analysis of the problem and the main reason ofChina’s small and medium-sized enterprise; Chapter Three is the key part of thispaper, based on the problem revealed above, to provide a complete patent strategy forChinese enterprises, including the enterprise’s patent literature study and evaluation,patent application, the patent ownership, the patent license and the patent finance.