专利转化及相关基本概念辨析与思考

Demarcation of the Related Concepts Concerning Patent Transformation

专利转化及专利实施、专利转移、专利产业化是专利运用研究中的基本概念,但这些概念的内涵与外延并不清晰,混淆概念的情况较为常见。基于现有文献研究,明晰专利转化的基本内涵,并且将专利转化与其它相关概念进行比较,认为专利转化强调专利技术物化结果,且专利技术形态发生质的变化;专利实施方式具体体现为制造、使用、许诺销售、销售、进口5种形态,但不排除随着技术发展将产生新的专利实施方式;专利技术从供方向受方定向流动;由专利技术带动规模效应即为专利产业化。

The concepts of patent transformation, patent implementation, patent transfer and patent industrialization are usually used in the research of patent utilization. But the connotation and extension of these concepts are not so clear that the situation of confusing the concepts is common. On the basis of the literature review, the connotation of patent transformation is clear and definite and the related concepts concerning patent transformation are compared. Based on above, we get the results as below. Firstly, the concept of patent transformation emphasizes the outcome of products according to the patent, while qualitative change occurs in patent. Secondly, the forms of patent implementation include manufacture, using, offering for sale, selling, importing of patents. But the forms will increase with the development of technology. Thirdly, patents are transferred from the supplier to the recipient patent transfer in the process of patent transfer. At last, patent industrialization shows that the scale effect is driven by the patent.