专利何以运营:创新、市场和法律

How to operate patent: Innovation,market and law

专利运营是将专利作为一种商品,通过市场化运作以实现其价值的市场行为。影响专利运营效果的因素很多,文章认为专利运营具有技术、经济和法律三重属性,其效果主要受这三方面因素的影响。其中,技术属性体现为专利运营的对象是以专利形态体现的创新技术成果,创新技术成果是专利运营的核心;经济属性则体现为专利运营是一种市场化行为,专利的经济价值只有在市场条件下才能得以体现,市场是所有问题的大背景;专利运营的成败还有赖于法律对专利运营行为的合法性给予确认和保障,法律是专利运营的制度性条件和保障。

Patent operation is a kind of market behavior which marketizes the patent as a commodity and realizes its value through marketization operation. The effect of the patent operation,not only determines whether the incentive mechanism of patent system can be effective,but also reflects the pros and cons of the patent system directly. There are several factors which affect the effect of patent operation,but this paper holds that patent operation has the following three attributes by which its effect is mainly affected： technology,economics and law,of which technology attribute means the object of patent operation is innovative achievements which are technological and are reflected in the form of patent,innovative achievements are the core of patent operation. Economics attribute means patent operation is a kind of market behavior and the economic value of patent can only be realized under the conditions of market,market is the background of all related problems. In addition,the success of patent operation also depends on the recognition and guarantee of law on the legitimacy of patent operation,law is the institutional condition and guarantee for patent operation.