A Study On The Ecology Of Patent System

Patent system ecology refers to integrate the principle and method of ecology into the activity, such as the research and design of science and technology, the application and management of patent as well as other patent-protection activities, in order to make the development of science and technology and the application of patent follow the ecological law and social economic law, meanwhile promoting the development of social economy and protecting the environment, maintaining the ecological balance of the process and results. Though the patent system encourages the innovation of science and technology, accelerating the step of technology transfer at the same time, it also destroy the destruction of the biodiversity and reject the innovation as well as the development of science and technology. Nowadays, more attention should be paid to the progress of global warming, as the ecological crisis become the national and worldwide problems. Taking the increasing environmental pollution as the research background, basing on determining related concepts from the patent system ecologicalization, this thesis analyses the current situation of China’s patent system. And it learns the successful experiences from developed countries by the method of analogy to research, mainly centering on two aspects consisting of the legal system and the patent policy. The core issue of this paper is to explore: how to implement ecological transformation of traditional patent system as well as infiltrate the protection of the ecological environment and the idea and requirements of law ecologicalization into the patent system reform, making the patent system development go in an environmentally beneficial direction, eventually obtaining the triple win of economy, society and ecological benefit. In terms of policy support mechanism, the article conducts a detailed analysis through the entire process from research and development of patent to production application. Basing on recognizing the disadvantages of development and analyzing external threats for ecological patent, China should refer to the successful experience of developed countries and build policy support mechanisms for the development of green patents via legal regulation mechanisms, policy coordination mechanisms and the government’s public service system, thus expecting to offer a full range of support for the creation, the utilization, the protection and management of our eco-patent.