| 专利收费制度对专利行为的影响程度研究 |
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| 引用本文： | 乔永忠.专利收费制度对专利行为的影响程度研究[J].科研管理,2006,40(12):155-162. |
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| 作者姓名： | 乔永忠 |
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| 作者单位： | 厦门大学知识产权研究院 |
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| 摘 要： | 专利收费制度是专利制度正常运行的核心机制之一，该制度通过调整专利行为影响专利制度的运行绩效，研究专利收费制度对专利行为的影响，对中国创新驱动发展战略和知识产权强国建设具有重要意义。通过文献研究发现：专利收费制度对专利申请行为、专利维持行为以及其他专利行为产生负向影响，而且不同国家或者同一国家不同时期的这种影响水平存在一定差异；二是专利收费制度对专利行为的影响值得重视，但同时要注意其影响限度。
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| 收稿时间： | 2016-12-27 |
A research on the level of impact of patent charging system on patent behaviors |
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| Qiao Yongzhong.A research on the level of impact of patent charging system on patent behaviors[J].Science Research Management,2006,40(12):155-162. |
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| Authors: | Qiao Yongzhong |
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| Institution: | Intellectual Property Research Institute, Xiamen University, Xiamen 361005, Fujian, China |
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| Abstract: | In recent years, the number of patents granted has increased substantially, and the number of valid patents has increased significantly in China. However, compared with the United States and Japan, the number of valid patents is still at a disadvantage in China. Under the background of continuous optimization of innovation policies, increasing innovations, especially the large increase in the patent number, it is very important to optimize the patent applications number, the patent examination efficiency, the patent granted rate, the valid patent number, and the patent maintenance time, reduce the economic burden of innovation subjects, and improve the performance of patent system by improve the patent charging system. The patent charging system is one of the core mechanisms for the normal operation of the patent system, which affects the performance of the patent system by adjusting the patent behavior, and which not only affects the number of patent applications and the amount of patents affected by patent behavior, but also affects the valid patent quantity, the patent maintenance time, and the patent quality or the patent value by affecting patent behavior. There are different on the role of patent charging system in promoting technological innovation in different periods. From apply for patent to granted patent, and to maintain patent, the patentee must pay various fees at different points in time. There are large differences in the structure, the type, and the amount and the payment time of patent fees to patent offices in different countries, it have been brought certain difficulties for the comparative study of the patent fees system of patent offices in different countries. There are many types of patent fees in China. For the convenience of research, this paper divides the types of patent fees into the patent application fees (fees that need to be paid before granted patent) and the patent maintenance annual fees (fees that need to be paid after granted patent). The patent application fee refers to the fee paid by the patent applicant to the patent administrative agency in accordance with the patent law in order to obtain the granted patent; the patent maintenance annual fee means that the patentee pays fees for the patent administrative agency regularly according to the provisions of the patent law in order to maintain the patent validity.The patent charging system mainly includes the patent application fee system and the patent maintenance annual fee system. The patent application fee system can have different degrees of influences on the patent application behavior, the patent examination quality, the patent quality and the technological innovation level. The impact on patent behavior is mainly reflected in the following two aspects: firstly, adjusting the patent application fee can change the patent application cost, which has a direct impact on the patent application behavior; secondly, the difference in patent application fee standards leads to the preference of patent applications of residents in different countries. The patent maintenance annual fee system has a more important impact on patent behavior. This view is relatively easy to accept, but the extent of this impact is worth studying. Some research results analyze the impact of patent maintenance annual fee on patent maintenance time through patent production function, but most research results only consider patent maintenance cost, and do not evaluate the price elasticity of patent maintenance annual fee.The operating mechanism of patent charging system usually includes the impact of patent charging policy on patent behavior and the optimal patent charging mechanism. The former includes the extent to which the patent charging policy affects the patent application and the maintenance behavior, indicating that the patent is an elastic or non-elastic product; the latter studies the basis for determining the patent application fee and the patent maintenance annual fee and its structure and policy objectives. The mechanism of patent charging system affecting patent behavior can explain to some extent the difference between the patent application rate and the length of time for granted patents in different countries. First of all, the patent charging standard has different degrees of influence on the number of patent applications, the patent output of R&D investment, and the professional scale of patent services. Secondly, the patent charging system adjusts the patent behavior of patent applicants or patent holders to a certain extent, which affect the degree of patent preference across the country.This paper draws the following five conclusions from the literature on the impact of the patent charging system on the patent behavior and its extent: First, the patent charging system changes the patent behavior of patent applicants or patent holders by changing the patent cost, and affects the overall patent behavior preference of the whole country by changing the patent behavior. Second, adjusting the patent application fee can affect the patent application and maintenance by changing the patent cost. Third, the patent application fee has a negative impact on the patent application behavior. There are differences in the influence degree of patent application fees on patent application behaviors in different countries. Fourth, the patent maintenance fee system for maintenance behaviors has a negative impact, and their degrees of influence are different. Fifth, the effective recognition fee and early maintenance fee of European patents have a certain degree of influence on the recognition of patent effective behavior and patent maintenance behavior. However, from the perspective of the impact coefficient of the patent charging system on patent behavior, these effects are limited and should not be overstated or reduced. Based on these conclusions, this paper draws three inspirations for improving patent charging system in China. First, based on the mechanism of patent charging system affecting patent behavior, we should systematically and in-depth study on the impact and it’s extent of the patent charging system on patent applicants or behavior of patentee in China; Second, we should assess and improve the patent charging system based on the adaptation degree of the patent charging system to the existing economic and technological development in China; Third, we should standardize the patent charging standard, optimize the patent charging structure, and pay special attention to the influence degree of patent charging system on patent behavior when improving the patent charging system. |
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