专利保护程度评价体系与中美保护程度比较

Study on patent protection degree evaluation system and comparison of patent protection degree between china and U.S.A

从专利保护过程出发构建专利保护程度评价体系,分析我国专利保护的演进态势,比较中美专利保护的主要指标,并基于世界最大指标,利用专利保护程度计算公式得出我国1985-2004年和美国2004年的专利保护程度,指出要提高专利保护程度,我国应大力提高专利司法保护程度,并稳步提高专利审批保护和行政执法保护程度的结论。

The article constructs a patent protection degree evaluation system from the procedure of patent protection, and evaluates the patent protection degree of China from 1985 - 2004 and that in 2004 of U. S. A . It shows that the patent legislation protection degree was relatively high and went in advance, and it reached to the strongest protection degree nearly in the world. The patent protection degree of examination and administration ascended in a fluctuation. The protection degree of justice rose before 2000 and descended afterward. The social protection degree increased evidently. From 1985 to 2004, China had made a great progress in patent protection, the patent protection degree in 2004 reached 74.52% and it was near to the patent protection degree of 87.24% in U. S. A. U. S. A was not the most country of patent protection degree in the world. At present, if China wants to heighten the patent protection degree, it is necessary to heighten the patent justice protection degree greatly, and it is also necessary to heighten the patent examination and administration protection degree in a steady way.