The Legitimacy Of The Patent, The Legal Property And Related Regulations

Invention is an important driving force to promote social progress as the crystallization of human wisdom summarized in the material practice. By humans of the concern and attention, its development will affect a country’s comprehensive national strength and international status. To improve their own competitiveness, governments have to look for some ways to promote its development. The patent system which can adjust the relationship of interest between the patent and the public has been created in this condition to encourage invention and creation, to promote the technical communication and to improve the quality of human life.The patent system as a new system has developed nearly30years in china, which played a positive role in technical innovation and economic development. However, the accompanying problem of patent protection and patent abuse of ineffective is so serious that is harm to society and economic, which is contrary to the purpose of the patent system. It is clear to us sounded the alarm. This shows that in our country many problems are still existing in the patent system of our country. Therefore, we have the necessity to continue studying and researching to perfect it.This paper first gave an overview of the source of the patent system from the expects of external conditions and internal elements; then analysis of the patent system, including nature and origin of the patent law.according to the study of the patent system of China, i found the two existing problems on Practice of the patent system. Finally, from the actual situation i discussed in detail for each problem, draw lessons from history and learned foreign experience, combined with China’s national conditions and practical needs, to improve the patent system of our country.