Empirical Research On The Effectiveness Of Patent Judicial Protection And Its Innovation Effect

Patent protection institution is the key to promote social and technological progress.Currently,China patent protection institution turns from a dual-track system into a mode dominated by judicial protection.Meanwhile,the fundamental attribute of judicial protection and the character of patent lawsuit cases determine that judicial protection is the most reasonable and efficient way to solve patent infringement problems.Therefore,this paper makes a deeply research on the efficiency of patent judicial protection and its innovation effect by theoretical and empirical analysis.The purpose of patent judicial protection institution is to protect patent holder legal profits so as to encourage technology innovation,so this study has two folds: one is the effectiveness of patent infringement relief,The other is the effect of patent judicial protection on technology innovation;In the theoretical analysis,this paper arranges and analyses reformation process of China patent judicial protection institution from two aspects of legislation and judicial trial,and separately employs patent application number?the probability to win?the ratio of damage compensation and judicial and administrative case number comparison as indicators in the performance evaluation of patent protection institution.Meanwhile this paper analyzes the effect mechanism of patent protection on technology innovation by building a mathematical model.The study finds that R&D input is mainly affected by patent length?intensity of infringement strike and punishment intensity.The longer patent length and the stronger patent judicial protection intensity,the more R&D input.The main point of this paper is empirical analysis,it has two folds: One is that this paper uses 1249 patent infringement cases from 2004 to 2017 to study the effectiveness of patent judicial infringement relief,and uses intellectual property court's cases from 2015 to 2017 to study the effect of establishment of the intellectual property court on patent infringement relief;The other is that this paper uses provincial panel data from 2006 to 2017 to study the effect of patent judicial protection on technology innovation and regional differences;The study results are as follows:As for the effectiveness of patent infringement relief.This paper examines factors that affect the effectiveness of patent judicial relief by using the probability to win and the ratio of damage compensation in patent infringement lawsuit.The empirical results show that the abilities of judicial team,plaintiff's ability to offer proof,improvement of judicial enforcement system apparently promote the rise of the amount of compensation and the ratio of damages;plaintiff's identity of foreigner raise the probability to win,but don't impact the ratio of damage,which reflects that there is no discrimination against foreign holder.Meanwhile,there is no serious local judicial protectionism.The applied structure of dominated by statutory damage in patent infringement relief has a significant negative effect on the ratio of damage compensation,that reflects that massive application of statutory damage reduces the effectiveness of judicial protection.Under this structure,even raising the maximum of the statutory damage and establishing the intellectual property court still can't solve insufficient compensation problem.Therefore,only by strengthening the abilities of judicial team?improving the proof rules and optimizing relief structure,can we actually enhance the effectiveness of patent infringement relief institution in China.As for the effect of patent judicial protection on technology innovation,the study finds: firstly,the enhancement of patent judicial protection has no impact on overall technology innovation.But study by classifying patent quality into three categories finds that the enhancement of patent judicial protection has obviously positive impact on the high quality innovation.Secondly,in the east and west region,patent judicial protection has no impact on technology innovation,but has negative impact on technology innovation in the middle region.It indicates that in the middle region the enhancement of patent judicial protection hinders technology innovation.Third,in the east,the enhancement of patent judicial protection promotes the rise of invention patent number,improves independent innovation,in the middle,this effect is negative,in the west,patent judicial protection has no impact on high quality innovation.It further indicates that the effect of patent judicial protection on technology innovation is closely relative with regional development level.Therefore,the improvement of patent judicial protection institution needs to adapt regional economic condition,making different relative policy according to the economic development.Meanwhile,by strengthening communication and cooperation between talents from different regions?enhancing the government-funded R&D and building the common innovation and information communication platform to offset regional economic difference,so as to make patent protection institution more effective nationally.According to this study,in order to improve the effectiveness of patent judicial protection,we must further improve patent judicial protection institution,strengthen patent judicial protection,promote the patent infringement damage institution reformation directed by improving relief accuracy.Meanwhile,by building proof disclosure and discovery institution,so as to solve infringement lawsuit better by conciliating.