Patent Application, Grant and Patent Law Amendment in China

作     者：Gupeng Zhang Sen Du Mengya Zhang 

作者机构：School of Public Policy and ManagementUniversity of Chinese Academy of SciencesBeijing 100049China 

出 版 物：《Innovation and Development Policy》 (创新与发展政策(英文))

年 卷 期：2020年第2期

页      面：126-137页

学科分类：0301[法学-法学] 03[法学] 030105[法学-民商法学(含：劳动法学、社会保障法学)] 

基　　金：supported by National Science Foundation of China(71872169) Beijing Natural Science Foundation(9202019) 

主　　题：patent application patent grant patent law examination request bivariate probit model 

摘      要：This study employs 920,108 invention patents from the State Intellectual Property of China(SIPO)to examine the impact of two patent law amendments,which occurred in 1993 and 2001 respectively,on the patent *** first patent law amendment in 1993 led to less strict criteria for patent *** the second patent law amendment,which occurred in 2001,showed a similar positive impact on patenting as *** is more likely that the first patent law amendment encouraged foreign applicants to make patent application,because their applications and grant share started to rise after *** contrast,the second patent law amendment played an opposite role by motivating Chinese applicants to make patent application,which is reflected by a rise of application and grant share by Chinese applicants in post-2001 *** grant is viewed as one of the key indicators for judging the patent *** find that foreign applicants from the U.S.,Japan and European Union have higher patent grant rate than that of Chinese applicants,suggesting that patents held by foreign applicants may have higher potential value than those held by Chinese *** types of applicants may differ from each other in terms of the patent grant rate,where research institutes have higher patent grant rate than that of corporations and *** the filed patents in China can enjoy a provisional protection for 3 years at most,some applicants do not request their *** an examination of the novelty,inventiveness and practicality of patent,the patent office determines whether to grant *** using a bivariate probit model,we make an econometric analysis of this *** result confirms the positive impact of both patent law amendments in 1993 and 2001 on the patent *** also find other determinants of the patent grant,for example,R&D human capital investment,applicant’s competitive technology advantage in the patent’s field,and applicant’s research ability,play positi