我国专利法律状态的清理及分类体系的构建

Extraction of Patent Legal Status and Construction of Category System

调研了国内法律状态分类现状,为进一步细化分类状态,提取了申请号为1998的24 591条发明专利约50余种法律状态,对其进行清理和分析,在此基础上构建了我国专利法律状态分类体系。并将其分为在审、有效、失效、技术转化和其他五种类型,阐述了这五种类型之间的关系。最后以失效和技术转化为例,分析了国家知识产权局专利数据库记录,实践证明分类体系较为完整的覆盖了现有的分类状态。

Firstly, the legal status classification of domestic patents was investigated, and in order to further refine the classification, more than 50 kinds of patent legal status were extracted from 24 591 records whose year of application was 1998. On the basis of cleaning-up and analyzing these data, a classification system for patent legal status was constructed. Secondly, according to patent lifecycle, the patent legal statuses were divided into five types including pending, validity, invalidity, technical transformation, and others. The relationships between the five types were detailed afterwards. Finally, the proposed classification system was used in analyzing the patent records in State Intellectual Property Office P. R.C. around two types of invalidity and technical transformation. It was proved that the existing classi- fication status is relatively completely covered by the proposed classification system.