专利权期限与费用关系初探——兼论专利制度成本

Primary Discussion on the Relationship Between Patent Term and Patent Fee——On the Cost of Patent System

收费制度与专利权保护期限的关系,再加上专利权保护范围,构成了专利制度的核心内容。应然专利期限等于技术的自然寿命,专利收费应与专利制度成本相当,其中年费或维持费应与技术的保密费相当。实际专利期限与专利收费经常不同于应然专利期限与应然收费,但是受到后二者的制约,呈现出相反非线性的关系。

The core content of the patent system is composed of the relationship between charge system and duration of patent, and range of patent protection. Inexorably, duration of patent equals to the natural life of technology, and patent charge equals to the cost of patent system, in which, annual fee or maintenance fee equals to the security fee of technology. In fact, patent term and patent fee are different from, but restricted by deserved patent term and patent fee, which shows reverse nonlinear relationship.