论文部分内容阅读
在一刀切的专利法律制度背景下,专利货币型奖励政策的可操作性强,靶向性可控,对优化专利制度作用突出,但政策制定尚缺乏完整的理论依据与有效量化工具。从专利弹性视角对此进行探讨,通过研究专利弹性与净损失之间的关系,建立了净损失率评价模型,这是弹性研究在专利领域的尝试,从而使深入挖掘专利奖励潜能,提升专利奖励相对效率,实现降低净损失率的目标有据可依,并以中国专利申请数据做了实证,检验中国专利制度执行以来绩效,证明本方法切实可行、有效。
In the context of a one-size-fits-all patent legal system, the patented monetary-based incentive policy is feasible and targeted and plays a prominent role in optimizing the patent system. However, there is a lack of a complete theoretical basis and effective quantitative tools for policy formulation. From the perspective of patent elasticity, this paper discusses the relationship between patent elasticity and net loss and establishes a net loss rate evaluation model, which is an attempt of elasticity research in the field of patents so that the potential of patent incentives can be further tapped and the patent incentives can be enhanced The relative efficiency and the goal of reducing the net loss rate are well documented. Based on the data from the Chinese patent applications, we test the performance of the Chinese patent system since it was implemented. This proves that the method is practical and effective.