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Mao Hao, Liu Xia, and Dang Jianwei: Institutional Experience and Reform Responses of World-Class Patent Examination Authorities

Time:2020-03-31

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    Abstract

    China’s patent examination authority urgently needs to draw upon the mature experiences of Western counterparts to enhance its modern governance model. Benchmarking against world-class patent examination systems, such as those in the United States, Europe, and Japan, these institutions emphasize the design of examination mechanisms and institutional adjustments. Their approaches to the processes, functions, and efficacy of patent examination are more advanced, their regulatory tools more scientific and timely, showcasing strong organizational resilience, convenient services, and intelligent operations. These features are leading global trends in patent examination system reforms.

    Against the backdrop of the current formulation of the Outline of the National Intellectual Property Strategy for Building a Strong IP Nation, it is imperative for China’s patent examination authority to embrace the value concept of prioritizing patent quality and proactively pursue the transformation from a major country in patent quantity to a powerful nation in patent quality. Within the framework of the patent system, China should simultaneously improve the quality and efficiency of patent examination, optimize examination processes, strengthen organizational support, and comprehensively enhance the systematization and scientific rigor of examination system design. Furthermore, within the national innovation system, the patent examination authority should achieve coordination with national judicial, scientific, technological, economic, industrial, financial, and trade policies, thereby providing robust institutional support for China’s economic restructuring and enhancement of national competitiveness.

    Keywords

    Patent Examination; Patent Examination Authority; Patent Quality; Patent System; Institutional Design

    Author Profile

    Mao Hao (b. 1981), male, native of Xianyang, Shaanxi Province, Professor at Shanghai International College of Intellectual Property, Tongji University. Research interests include intellectual property, science and technology policy, and patent economics.



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