试析专利审查质量与质量文化建设的关系

On Quality of Patent Examination and Construction of Quality Culture

提高专利质量是专利制度完善的助推器。通过分析各国专利局、相关组织机构或学者对高质量专利不同角度的理解以及欧洲专利局质量文化建设的理念,认为,高质量专利的内涵可以从法律要求、稳定性、创新激励及经济社会发展贡献度四个角度理解;保障高质量专利需要具备把握好多种平衡的质量意识,并在专利审查质量保障工作中建设持续改进的质量文化,为产出高质量的专利营造一个优秀的人文环境。

The improvement of patent quality is a booster for the perfection of patent system. By analyzing different interpretations of high-quality patents from different perspective that made by different national patent offices, institutions and scholars and by analyzing the EPO＇s concept of the quality culture construction, we find that the concept of high-quality patent can be comprehended from four perspectives as legal requirement, patent stability, innovation incentive and contribution to the economic and social development. The patent examiner should have quality awareness in which a good balance of various factors can be kept, and construct the continuously improving quality culture in the process of the patent examination quality assurance, so as to createan excellent cultural environment to produce patents of high quality.