Research On The Legal Issues Of The Cultivation Of High-value Patents

The report of the 19 th CPC National Congress pointed out that China's economy has shifted from a high-speed growth stage to a high-quality development stage.The subsequent Central Economic Work Conference emphasized that high-quality development is the fundamental requirement for defining development ideas,formulating economic policies,and implementing macro-control in the present and future periods.In the field of intellectual property,the key to promote high-quality development lies in upgrading the ability to create and use intellectual property,including patents.Although China has become a big country of intellectual property,it is still far on the way to be a powerful country.The main problem is that the overall quality of intellectual property is not high,and there are not many high-value patents.It is difficult to meet the requirements in implementing innovation-driven development strategies and promoting high-quality development.Therefore,improving the quality of patents and nurturing high-value core patents have become the main line for the development of patents in China.To this end,it is necessary to analysis the issues and causes that affect the improvement of patent quality and the cultivation of value,so as to provide solutions and ideas for the cultivation of high-value patents.This article is divided into three major parts,which are an overview of the value of patents,legal dilemmas and suggestions for the cultivation of high-value patents.The first part puts forward the meaning of patent value by analyzing the attributes of patents and the needs from patentee and others,the meaning being “the satisfaction provided by patents with their technical attributes and legal attributes on the needs of patentee and others”,and discriminates the relationship between patent value and patent quality.The author holds that the core in cultivating high-value patents is to improve the quality of patents,with emphasis on improving the technical quality and legal quality of patents.The second part elaborates the legal questions that China's high-value patents are currently facing.It focuses on the issues and causes that affect the quality of patents from four angles of patent system,examination system,agency system,and patent writing,mainly involving deficiencies of the patent system,lack of value guidance in examination work,weak patent agency capabilities,etc.The third part proposes corresponding suggestions based on the above issues.The suggestions include improving the design of the patent system,modifying patent laws and regulations,innovating patent examination modes,and improving the quality of patent writing,hoping to improve patent quality and cultivate high-value patentsWe firmly believe that along with the continuous improvement in China's patent system and laws and regulations,as well as the more and more precise and scientific formulation of national and local patent policies,our country's patent quality will inevitably gradually match the requirements of the new normal state and high-quality development,and China will realize the transformation from a large country of intellectual property to a powerful one.