专利法实施30年专利权利转移回溯与反思——以中药产业为研究样本

A retrospect and reflection on patent rights transfer in past 30 years since implementation of patent law: Taking Chinese materia medica industry as research sample

专利权利转移是专利实现其价值的重要途径,也是我国专利制度本土化的核心命题之一。以对我国专利制度的理论分析为切入点,探究中国语境下专利权利转移的核心问题并对这些问题提出理论假设。以专利制度实施30年的中药产业权利转移数据为数据源,对这些理论假设进行实证研究,针对实证研究结果,从专利权利转移维度提出专利制度本土化建议。

Patent rights transfer is an important way to realize the value of the patent, and it is also one of the core propositions for the localization of the patent system in China. Based on the analysis on the theory of patent system as breakthrough point, to explore the core problems of patent rights transfer in China and put forward theoretical assumptions for these problems. An empirical research on these theoretical assumptions was made through a data source upon the number of patent rights transfer in the past 30 years of implementing the patent system in China, and suggestions for the localization of the patent system from the dimension of patent rights transfer were proposed based on empirical results.