基于专利转化视角的专利质量多维度考量

The multidimensional Consideration of Patent Quality Based on the Perspective of Patent Transformation

专利作为权利化的科技成果,是技术创新发展的风向标。我国已经成为专利大国,如何将专利转化为现实生产力,让专利在国家经济结构转型过程中发挥技术供给的重要作用,是国家在经济转型中亟待解决的问题。专利转化的起点是高质量的专利,本文基于专利转化的视角,从专利法的立法目的,专利权获权过程中重点考量的创造性、说明书是否公开充分、权利要求是否得到说明书的支持,以及专利权的特点等方面初步探讨了高质量专利的应有之义。

One of the important outputs of scientific and technological achievements in law is patent. China has become a big patent country in the world, but how to transfer patents into productivity is an important problem to be solved urgently, which should take the responsibility serving as technology supplier during national economic transition. Patent transferring should start with high quality patents; this article discussed the meaning of high quality patents at the point of patent transferring. High quality patent relates to the legislative purpose of patent law, whether description enables a person skilled in the art to carry out the invention or not, whether claims have been supported by the description or not, that is also related to the process getting patent right and the characters of patents.