The Legal Study On The Operation Pattern Of Patent Trust In Our Country

As the development of knowledge economy, our country continuously puts forward“intellectual property right strategy” to promote economic development and construct aninnovation country. As we are known that intellectual property is a kind of strategicallyresource to promote economic development and the core factor of competitive power. Whilepatents are a part of intellectual property, its implement and industrialization can bringdirectly economic development of the zone and the whole country. However in reality thedifficulty of patent industrialization restricts the growth of high and new technology. Althoughthe number of patent application and patent granted is increased year by year, many patentscan not realize its real value. In all it’s very significant and necessary to seek for a way totransform patents. This paper mainly stresses to bring trust system to patent field. Beside ourcountry had tried the pattern of patent trust, however, it failed. The United State and the Japanhad carried out patent trust, at the same time, they succeeded. Learn from their successfulexperience to perfect our country’s pattern. As far as we know that the operation pattern ofpatent trust from immature to mature need many obligations to direct its improvement.However this thesis only discusses the questions and the improvement in the perspective oflaw to guarantee the operation pattern of pattern trust.The first part is the preface and introduces the background, meanings and contents of thestudy.The second part introduces some theories about patent trust including the definition andclassification of patent trust, the legal features and the functions of patent trust. Trust lawallowing patent to be its trust property, the governing and financing functions of patent trustand the dilemma of patent transformation provide necessity and feasibility to develop patenttrust in our country.The third part analyses the operation pattern of patent trust of Wuhan Trust Company andits problems taking advantage of example analysis. Then analyze the patent trust’s pattern ofthe United States and Japan, and learn lessons from them to improve the operation pattern ofpatent trust in our country.The fourth part mainly stresses the existing legal obstructions of the operation of patenttrust, which include the property rights is not clear, the independent of the trust property is notapparent, the problems exist of patent value evaluation and patent trust’s registration and theproperty of beneficial interest is not unknown. All these obstructions will restrict thedevelopment of the operation pattern of patent trust.The last part makes some legal suggestions according to the mentioned legal obstacles ofthe operation in patent trust in order to ensure the operation pattern carry out successfully in away of legal regulations. Only in the legal way of polishing these problems can ensure theoperation of patent trust pattern completely.