中国农业生物技术领域专利申请现状研究

Current Situation in Patent Application of Agro-biotechnology in China

农业生物技术迅猛发展的势头需要加强知识产权保护。目前国内在此领域的研究刚刚起步 ,多是政策、法律等文字性论述。笔者采用OECD和中国国家专利局常用的IPC分类号与中国的范畴分类法相结合 ,对中国农业生物技术领域知识产权保护中最主要的专利申请进行了检索、分析得出 :1985～ 1999年间中国农业生物技术领域的专利申请逐年上升 ;申请人以科研院所为主 ,但存在国有资产流失现象 ;专利质量偏低 ,现代生物技术领域的专利少 ;专利维持率低 ,可转让的少。因此建议 :加强专利管理的宣传力度 ,提高对专利重要性的认识 ;注重专利的批准和实施 ;提高专利质量和技术含量 ;加强对非职务发明申请的审核 。

Rapid development of agro-biotechnology needs to strengthen the protection of Intellectual Property Rights (IPR). However,the research field in IPR protection just initiated in the description in related policy and law in China at present. In this paper, the major applying patents were searched and cataloged in the IPR protection of agro-biotechnology field, using the method of IPC code commonly adopted by OECD and State Intellectual Property Office of China, and combined with the Clustering method in China. The results showed that the annual number of patent application increased each year. Most applicants were public sectors, i.e. institutes and universities. Individual applicants ranked at the second position, and this meant that the loss of state-owned property existed in fact. On the other hand, quality of these patents could not meet higher market requirement. This characteristic reduced the percentage of patents being maintained and transferred. Therefore it is required to improve the awareness of IPR in agro-biotechnology in public, to increase the percentage of patent ratification and patent transferring through the promotion of patent quality and technical level, and to strictly control and examine the application of non-official invention and to avoid the loss of state-owned property.