新中国专利制度的历史回顾与现实思考

Historical Review and Practical Thinking on Patent System in the People's Republic of China

新中国的专利制度改革经历了学习苏联经验、与国际接轨的"被动立法"、建设创新型国家的"主动立法"时期,每个时期的专利思想是伴随着相关法律文件的酝酿而逐步形成的,特别是1985年《专利法》的实施标志着专利制度的正式建立,而历次《专利法》的修订则将专利制度改革推向深入。通过对改革历程的梳理和分析可以看出,专利制度改革不但经历了立法主导思想的转变,更是与国家发展的需要紧密相关,也促进了公众专利意识的提升。作为激励创新的重要制度,专利制度将为推动创新驱动发展战略的实施发挥更大的作用。

Since the founding of the People's Republic of China, the patent system has experienced three stages including the stage of learning from former Soviet Union,the passive legislation stage to be in accordance with international conventions and the active legislation stage for building the innovation-originated nation. Patent idea in each period is formed gradually along with relevant legal documents. Especially, formal establishment of the patent system in the People's Republic of China is marked by the promulgation of Chinese patent law in 1985. Moreover, the revisions of the patent law further promoted the reforms of the patent system. From review and analysis on the revisions of the patent law, we can see that leading ideas of legislation are changed, and the reforms of the patent system are closely related to needs of the development of our country while promoting the public's awareness of patent. As a critical system for encouraging innovation, the patent system will play an important role in enhancing a country's comprehensive strength.