实用新型专利质量提升之路探析

Study on the Way to Improve the Quality of Utility Model Patent

实用新型专利申请数量多年来保持持续稳定增长,但是其专利质量并没有随之提高。国内外业界人士对我国实用新型专利质量存在广泛质疑,如果再不采取有效措施提高实用新型专利质量,无论是对创新主体,还是对实用新型专利制度自身必将带来严重的伤害。通过分析发现我国实用新型专利质量目前存在的主要问题:实用新型专利立法的不完善、实用新型审查制度的缺陷和专利资助政策的错误导向,进而从实用新型专利制度的顶层设计、专利审查制度的完善、专利激励政策的正确制定和专利申请主体的法律规制四方面提出相应提高我国实用新型专利质量的对策。

Although the number of application for utility model has been maintaining stable growth for many years, the patent quality has not been improved with its increasing. The utility model patent quality is widely doubted by the intellectual property profession at home and abroad, if the effective measures are not taken to improve the utility model patent quality, this will bring great harm to both the main body of innovation and the utility model patent system itself. The paper firstly analyzes major problems resulting in the utility model patent quality at present in China： the imperfection law of the utility model, the system defect on the utility model examination, and the wrong guidance in patent financial aid, finally proposes countermeasures to improve the utility model patent quality in aspect of the top-design of the utility model patent system, the perfection of the utility model examination system, the correct formulation of patent incentive policy, and the legal regulation on the principal parts of patent application.