The Study For Patent Administrative Protection In China

Patent administrative protection system, is an important content of patent protection system in China. The establishment of China’s patent system is established by the administrative protection and the judicial protection of double track protection mode. This protection mode was established in China at that time, lacking of judicial resources, but has been in keeping with the stage "our country is and will be in the primary stage of socialism for a long time". In recent years, Patent law system has gradually been perfected and the public’s awareness of intellectual property has been increasing, Patent protection is increasingly becoming the core of the patent system. Even so, through years of practice, the administrative protection of patent system in China has exposed some problems. Through a further study about patent administrative protection system, the importance of patent administrative protection system are analyzed from theory and practice. Based on the research and cogitation of the patent protection system in foreign, and according to the successful experience of the administrative protection of system in our country and the main existing problems, then advances some suggestions to improve our patent administrative protection system, with a hope to be beneficial for further study about this.The first part introduces the concept and content of patent administrative protection, and its relationship with judicial protection. In addition, emphasis on the theory foundations and realistic significance of patent administrative protection, to improve the understanding to the importance of the patent administrative protection in patent protection system. The second part make a detailed analysis of patent protection system and administrative enforcement some countries, such as the UK, the USA, Japan, Korea and Mexico, and obtained some beneficial enlightenment. For instance, patent administrative protection is not unique to China, Centralized management is adaptable to the administrative organization of intellectual property, management and service is an important component of the patent administrative protection, etc. It’s very important for the perfection of the patent protection system in China.The third part is of great account in the paper. Analyses of the cumulative knowledge and the major problems in the patent administrative protection system running reveals that the administrative protection of patent system in China has some problems in legislation, administration system settings and the practice of law enforcement process. Finally, drawing lessons from domestic and according to our country’s present situation, it brings improved advice about the patent system in China from legislation, administration system settings, operating mechanism and improving the awareness of intellectual property, and hope to help improving the patent system of China.A profound understanding is concluded form this study that administrative protection is very important for the patent protection system. I hope, With the development and progress of politics, economy, technology and culture, People no longer obsess over the topic "the future of administrative protection of intellectual property rights", give a appropriate functional Location to patent administrative protection, design formulate more rational institutions, Enhance China’s capacity for independent innovation and core competitiveness, provides the force support for the construction of innovating countries.