Patent System In Technology Transfer:Comparative Studies In The United States Of China

With the innovation and development of science and technology,technology transfer becomes an important way to capture new technology,and its status is as important as technology innovation and technology transformation.The essence of technology transfer is technology trade,that is,the commercialization process of technology achievements,which involves the flow and transfer of tangible and intangible knowledge between technology supplier and technology demander;the core of technology transfer is intellectual property,that is,technology transfer is mainly regulated,adjusted and protected by intellectual property system,which makes technology transfer different from general goods trade.Technology transfer is the transfer of scientific and technological achievements,including the published papers,works and report form,such as scientific and technological achievements of science and technology,in the form of unpublished technical secret performance of scientific and technological achievements,performance of scientific and technological achievements in the form of patent,etc.As the representative of high-end knowledge,patent technology achievements contain great scientific research value,economic value and practical value.This article focuses on performance of scientific and technological achievements in the form of patents,the discussion of the patent system legal problems in the process of technology transfer.Patent system problem in the process of research technology transfer meaning mainly has two aspects:one is theoretical significance,help to provide reference for relevant patent technology transfer research and reference.By collecting,collating,screening and analyzing the literature,it not only summarizes the previous research related to technology transfer in China and the United States,but also provides reliable reference for later scholars to study the current situation of technology transfer in China,the problems of patent system and for the next step research provides a reliable reference;the other is practical significance,patent technology achievements as a special commodity,its transfer into can create lasting benefits,technology transfer as a key link of technology innovation and development activities,Technology transfer has become a national development of science and technology and the important measures to increase productivity.Studied patent system in the technology transfer in our country,using the experience of American patent system can improve our country's colleges and universities,scientific research institutions and enterprises awareness of the value and important of technology transfer,improve the level of scientific research units in our country's patent achievements and efficiency,help to solve the obstacles to technology transfer of the patent system in China.This paper mainly uses literature analysis,inductive analysis and comparative analysis to study the patent system in technology transfer between China and the United States.The division of patent ownership is the premise of technology transfer and an important clause in technology transfer contract.A clear division of ownership can reduce the emergence of patent disputes and promote the smooth progress of technology transfer practice.It is a legal solution mode of patent infringement disputes,which is of great practical significance to maintain the balance of interests of all parties in technology transfer.First of all,the current situation of technology transfer in China and the United States is summarized to sort out the policies and regulations affecting theconstruction of patent system in technology transfer;secondly,it compares the patent systems of two countries,analyzes the practical impact of different patent systems on technology transfer,and summarizes the successful experience of the construction of American patent system;finally,combined with the main problems existing in the patent system of technology transfer in China,put forward solutions from four aspects.