2006•Unpublished venueRequires access

The Development of Patent Undertaking in China and Comparison Analysis

Xia Zhou, Mao Yu, Wen Li

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Abstract

The development of patent undertaking in China has kept booming since "patent law" put into enforcement 20 years ago. So it is particularly important to pay attention to the patent actual effect, improve the patent quality and value. The paper regards the revision year of "patent law" as the boundary to click, does substantial longitudinal and parallel research focusing on the situation of patents development in China and the gap between China and developed countries. Vertically, following different steps of patent development in China, the paper chooses the quantity, quality and value of patent as three measuring indexes to measure the situation of patent undertaking in China. These indexes consist of the quantity of patent applications, the quantity of patent granted, the ratio of patent granted, the total amount of invention patent survival and the survival time of patent, etc. The power of the patent strength can be weighed according to the weighted sum of every index. In parallel orientation, on one side, this paper does comparison research with different targets in the same period to find out the gap between China and other countries, such as U.S.A, a bellwether in patent development, and Korea, a booming Asian country. On the other side, this paper compares the internal composition with the external composition of patent of China in order to understand the patent strength of native enterprises and overseas enterprises. The finding of this paper reveals that the quantity of patent in China is comparable to those powerful countries such as U.S.A and Japan, but looking from the quality and value of patent, there is still a great disparity between China and developed countries. This thesis has also analyzed the reasons behind the situation. These reasons include insufficient consciousness toward intellectual property protection and weak independent innovation capability which result in the shortage of independent innovation achievements. Finally, this paper has also proposed some practical and reasonable solutions tackling these problems

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What this paper is about

The development of patent undertaking in China has kept booming since "patent law" put into enforcement 20 years ago. So it is particularly important to pay attention to the patent actual effect, improve the patent quality and value. The paper regards the revision year of "patent law" as the boundary to click, does substantial longitudinal and parallel research focusing on the situation of patents development in China and the gap between China and developed countries. Vertically, following different steps of patent development in China, the paper chooses the quantity, quality and value of patent as three measuring indexes to measure the situation of patent undertaking in China. These indexes consist of the quantity of patent applications, the quantity of patent granted, the ratio of patent granted, the total amount of invention patent survival and the survival time of patent, etc. The power of the patent strength can be weighed according to the weighted sum of every index. In parallel orientation, on one side, this paper does comparison research with different targets in the same period to find out the gap between China and other countries, such as U.S.A, a bellwether in patent development, and Korea, a booming Asian country. On the other side, this paper compares the internal composition with the external composition of patent of China in order to understand the patent strength of native enterprises and overseas enterprises. The finding of this paper reveals that the quantity of patent in China is comparable to those powerful countries such as U.S.A and Japan, but looking from the quality and value of patent, there is still a great disparity between China and developed countries. This thesis has also analyzed the reasons behind the situation. These reasons include insufficient consciousness toward intellectual property protection and weak independent innovation capability which result in the shortage of independent innovation achievements. Finally, this paper has also proposed some practical and reasonable solutions tackling these problems

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Available abstract

The development of patent undertaking in China has kept booming since "patent law" put into enforcement 20 years ago. So it is particularly important to pay attention to the patent actual effect, improve the patent quality and value. The paper regards the revision year of "patent law" as the boundary to click, does substantial longitudinal and parallel research focusing on the situation of patents development in China and the gap between China and developed countries. Vertically, following different steps of patent development in China, the paper chooses the quantity, quality and value of patent as three measuring indexes to measure the situation of patent undertaking in China. These indexes consist of the quantity of patent applications, the quantity of patent granted, the ratio of patent granted, the total amount of invention patent survival and the survival time of patent, etc. The power of the patent strength can be weighed according to the weighted sum of every index. In parallel orientation, on one side, this paper does comparison research with different targets in the same period to find out the gap between China and other countries, such as U.S.A, a bellwether in patent development, and Korea, a booming Asian country. On the other side, this paper compares the internal composition with the external composition of patent of China in order to understand the patent strength of native enterprises and overseas enterprises. The finding of this paper reveals that the quantity of patent in China is comparable to those powerful countries such as U.S.A and Japan, but looking from the quality and value of patent, there is still a great disparity between China and developed countries. This thesis has also analyzed the reasons behind the situation. These reasons include insufficient consciousness toward intellectual property protection and weak independent innovation capability which result in the shortage of independent innovation achievements. Finally, this paper has also proposed some practical and reasonable solutions tackling these problems

Key concepts: China, Enforcement, Patent application, Quality (philosophy), Business, Index (typography), Value (mathematics), Patent troll

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