专利的价值及其运营

On the Value and Operation of Patent

专利的财产权通过公司在市场中的经济活动体现经济价值。权利主体的公司化和信息成本上升对专利的价值呈现影响巨大。应当从专利、技术和公司三个层面认定专利价值,而决定价值量的是专利在产品化过程中的投入量和风险承担。基于价值的专利运营将有利于社会对创新的投资,应当大力鼓励发展。但前提是,法律对专利权人的利益保护必须基于对其价值的合理判定,在保护权利的同时,遏制权利的越界滥用。

The property right of patent is realized mainly through market activities by companies that own patents. The facts that companies have become major owners of patents and the increase in information cost greatly impact the value of patent. Therefore the value of patent should be determined taking into consideration of three elements, namely patent, technology and company; whereas the patent value is determined by the input and risks undertaken in the process of industrialization of patent products. Value-oriented patent operation helps to attract investment to innovation by society, and should be encouraged. However, legal protection of patent owner＇s interest should be based on reasonable determination of patent value. While protecting patent right, it is also important to prevent the abuse of it.