Research On Legal Issues Of Chinese National Defense Patent

During the construction that Intellectual property rights reinforce our country, the national defense patent as an important strategic resource, is becoming the cornerstone of safeguarding national security and interests of national defense. The high quality transformation of national defense patent will play an important role in the development of innovative national construction and the depth of civil military integration.National defense patent carries the military innovation while intellectual property rights concern the technology security. Scientific researching departments of national defense and institutions of higher learning both lay emphasis on the number of patents,but ignore patent transformation and application in china. This will not only produce any actual benefits, but also cause the loss of state-owned assets directly. The phenomenon is not reasonably resolved,it will no doubt prevent the national defense science and technology industry from innovatively developing. The major difficulty of the impact of national defense patent transformation difficulties mainly come from the long time of secret determination of our national defense patent system in the aspect of design and the waste of massive national defense patent resulting from the complexity of encoding programs. In the right of ownership,the long term "state model" for national defense scientific research is difficult for patent implementation. In terms of interests distribution, the national defense science and technology researchers won't obtain reasonable bonus. In legislation, our country is lacking in normative value assessment standards for national defense patent and specialized rules adaptive to the venture investments of national defense patent. Because the intermediary service organization mode of national defense patent is narrow, which will hinder the timely communication between defense industry groups and private enterprises. Obviously, multiple factors are lead to the transformation of the national defense patent in China ,which has been unable adapt to the market demand in the digital age.Therefore, China should further refine and regulate the "national defense patent regulations" and related laws on the source of legislation. Additionally it is suggested to introduce special law and regulations concerning the national defense patent transformation,and to reorganize the institution setup and specific management system, analyzing and solving the above problems from multiple perspectives. Meanwhile, through studying the foreign secrecy legislation practice of patent system and the transformation model, combined with further refining and summarizing, and furthermore through drawing on the experience of legislation and policies of developed countries, we strive to construct the "civil-military inosculation" background, the new pattern of national defense patent operation, aiming to realize the creation and operation of the national defense patent together.