The Research On Patent Industrialization Of Corporate Under Intellectual Property Law

As an important indicator of a nation’s innovation ability, Patents can reflect the level of technological progress, as well as the improve of technological innovation,therefore, Patent Industrialization plays an irreplaceable role in the establishment of an innovative country. In the rapid growth of the number of patents in our country,Companies play an important role as the main body of research, market, and economy.As the ultimate goal of social and technological progress as a whole, the Company’s innovation power and ability are important supporting forces of our country’s technological and economical competitiveness. Although China has a growing number of patents, the companies lack the motivation of industrial their patents. There are many problems of their development, and there is a big gap compared with the developed countries. So this paper believes that strengthening the development of Patent Industrialization, forming economies of scale, then boosting the steady development of universities, research institutes, as well as the whole patent market are urgent problems need to be solved, and also, the only way for China to become a powerful country in intellectual property.Firstly, this paper will define related notions of Patent Industrialization, and find out the differences among patent implementation, patent operation, commercialization of research findings and patent industrialization. Then summarize the appropriate definition on the basis of comparative studies, and analyze it’s technological sources and models.Secondly, after adequate analysis in theory, this paper will find out the main problems in Chinese companies’ patent industrialization from the perspective of intellectual property law, combining with data. The problems are: the proportion of Service Invention patent application were too low, the quality of patents were too low,evaluation difficulties, and the lack of financing channel for companies.Then, this paper will analysis the legal cause for the above problems, including the unknown ownership system in patent law, compensation can not be implemented,weak performance in patent licensing standards, lack of patent assessment legislation,incomplete patent pledge financing legal system,and so on.Finally, from the point of view to perfect the legal system, this paper put forward some thinking and discussion to improve the legislation of China’s Patent Industrialization.