The Construction Of China’s Green Patent System

The rapid development of modern science and technology, which increasinglypenetrates the social life, is deeply affecting the process of human society. As adouble-edged sword, the science and technology promotes human development forward,but it also brings misfortunes to human survival environment. And now it has become oneof the vital factors to the cause of the global environmental crisis. How to avoid negativeeffects modern technology has brought on environment from a perspective of patentsystem is becoming one of the concerning subjects in academic fields.Under thebackground of developing green economy and advocating legal ecology, this articleintroduces environmental factors on the basis of original patent law from the perspective ofpatent system which is closely connected with technological innovation among thenumerous legal departments, and designs a set of green patent system that benefitsenvironmental protection. Thus，the article intends to encourage the green technologicalinnovation, promote the green economic development, make the development of patentlaw correspondent with the technological progress and realize the harmonious developmentof economic, environmental and society.The structure of this article consists of five parts. The first chapter depicts the researchcauses of green patent system, the current research status and research methods, and putsforward the necessity of building green patent system. The second chapter mainlydiscusses the reason why green patent system needs to be constructed. Researching greentechnology to enhance green economy has become a general trend. Under this background,the patent law which stimulates the technological progress is supposed to conform to thetrend. It should integrate the environmental protection concept into the patent systemdesign and prevent the damage technological innovation brings to the environment inadvance, so as to supplement environmental protection rules and regulations. The thirdchapter mainly analyzes the overseas practice of green patent system. It introduces theinternational conventions and some developed countries’ legislations in order to discuss thereference they give to the legislation of our country. Chapter four is about the furtheranalysis on the construction of green patent system which is the core of the article. thischapter first introduces the conditions for the grant of green patent rights, namely，thestandard "greenness " is added to the three traditional properties "novelty, utility，creativity". Then it constructs China’s green patent system through the examination procedures of green patent, the mandatory licensing system of green patent and the design on stimulationand supervision of green patent. Chapter five primarily presents the obstacles that greenpatent application might meet, and thus advances some corresponding solutions.