The Legal Issues Research On Patent Achievements Transformation

Science and technology is the primary productive force, and only when the scientific andtechnological achievements transformed into practical productive force, it can be promoteChina’s economic development, or the call “science and technology is the primary productiveforce” will be defeated. The patent achievement is not only an important part of the scientificand technological achievements, and the patent achievement is a concentrated expression ofthe national science and technology innovation and national strength, but also an importantbargaining chip to promote national economic and social development, and one importantfactor of a measure of the country’s core competitiveness. The Effective transformation ofpatent achievements will not only promote the diffusion mechanism of patent achievements,but also form an important part of the mechanism of benign innovation. In recent years,although the patent applications and granted patent in China is at the rate of more than20%ofthe growth every year, dwarfed by the more than800,000patents transformation rate is onlyabout40%in China, in many of the world’s developed countries, for example, the UnitedStates, Japan, Germany, Britain, the transformation rate of patent is up to80%. The worldaverage transformation rate of the patent is about60%. In order to improve the developmentof China’s high-tech industry, firstly, we must focus on the number of inventions, and paygreater attention to the application of inventions to enhance the ability of the transformation.In recent years, although the legislation about China’s patent achievements graduallyimproved, there are also some problems. In order to promote the results of the transformationof China’s patent, and improve the implementation of intellectual property strategy of China,and build an innovative country, this paper will study the problems of the patenttransformation.This paper focuses on the study of the legal issues in patent achievements transformation,it divided into five chapters. The main content is: Chapter1, Introduction. This chapterfocuses on the research background and significance of this writing, the research content andmethods, and literature review. Chapter II, mainly focus on the issues related to the definitionof patent achievements, the definition of scientific and technological achievements, the transformation of scientific and technological achievements, the patent achievements, and thetransformation of patent achievements, as well as the analysis of the subject of the patenttransformation and the conversion. Chapter III, mainly analyzes the legislation and policy ofthe patent transformation in the United States, Japan and other major developed countries, andanalyzes the Enlightenment to China of the other major developed countries’ patentachievements about the legislative and policy measures. Chapter IV mainly writes the statusand legal problems of China’s patent achievements transformation, this chapter firstlyanalyzes the legal system and the policy construction status, the patent transformation and thelicense status, the investment shares status; Secondly, analyzes the patent achievementslegislation, policies, rights of ownership and investment shares ratio of China. Chapter Vmainly writes the complete of legal system about patent transformation in China, and mainlyresearch from the national level and local level.