The Future of the Patent System

The Future of the Patent System

Edited by Ryo Shimanami

In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them.

Chapter 9: Review and perspective of the Chinese patent system

Zhang Ping

Subjects: asian studies, asian law, law - academic, asian law, intellectual property law


A patent system does not necessarily promise the active promotion of social development; not all the countries that have established a patent system can realize the rapid development of scientific technology. Patent legislation happened earlier in Malaysia than it did in Japan, but Malaysia lags significantly behind Japan in the field of scientific technology. In China, it is over 20 years since the legislation of a patent law, but it is not clear whether businesses have actively benefited. In most cases, companies became aware of the importance of the patent passively through litigation. Meanwhile, Korea has achieved an increase in innovation by adopting a patent system in the last 20 years and has become a strong international patent power. A patent system conforming to international standards does not always produce economic benefits which also reflect international standards. Besides the economic infrastructure and technical basis, the effective use of a patent system is also a key factor. The patent system has two faces, and may not simply have the function of promoting national economy and science and technology developments. Its positive effects have already been demonstrated through the experiences of developed countries. However, the system also has negative effects such as hampering innovation and restricting competition in countries with a weak technical base. Particularly, in recent years, issues involving the quality of patent applications, “patent trolls,” and the abuse of lawsuits have become an international concern. The “alienation” of the patent system leads to malicious industrial competition.

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