Research On Legal Issues Of Patent Operation Risk And Its Prevention In China

In the tide of knowledge economy era, economic value and social value of intellectual property rights and other intangible assets are becoming more and more obvious. Patent operation is just an important mapping of the phenomenon, whose purpose is to maximize the value of patent property through the commercialization of patent and this is also becoming the focus of the construction of innovative country of China. However, links like patent transfer,patent transaction and patent realization have potential legal risks of hindering re-innovation,causing patent abuse and destroying the development of innovation platform, and current laws and regulations haven't met the new market demand of patent operation era, which is not conducive to judicial protection as well. So it is wise to give timely and systematic early warning and control to marketing activities such as patent evaluation, patent pledge, patent securitization,information disclosure through legislation. What's more,we can try to establish national platform system of patent operation service, to strengthen the early warning of patent operation subject and patent layout and to make corresponding patent strategy which can help control the risk of patent operation, enhance the preventive and control ability of industrial security, finally promoting the construction of a new mode of patent operation that will not violate the international law and be in line with the local interests.