新中國專利制度的歷史回顧與現實思考

Historical Review and Practical Thinking on Patent System in the People's Republic of China

新中國的專利制度改革經歷了學習蘇聯經驗、與國際接軌的“被動立法”、建設創新型國家的“主動立法”時期，每個時期的專利思想是伴隨著相關法律文件的醞釀而逐步形成的，特別是1985年《專利法》的實施標誌著專利制度的正式建立，而歷次《專利法》的修訂則將專利制度改革推向深入。通過對改革歷程的梳理和分析可以看出，專利制度改革不但經歷了立法主導思想的轉變，更是與國家發展的需要緊密相關，也促進了公眾專利意識的提升。作為激助創新的重要制度，專利制度將為推動創新驅動發展戰略的實施發揮更大的作用。

Since the founding of the People's Republic of China, the patent system has experienced three stages including the stage of learning from former Soviet Union, the passive legislation stage to be in accordance with international conventions and the active legislation stage for building the innovation-originated nation. Patent idea in each period is formed gradually along with relevant legal documents. Especially, formal establishment of the patent system in the People's Republic of China is marked by the promulgation of Chinese patent law in 1985. Moreover, the revisions of the patent law further promoted the reforms of the patent system. From review and analysis on the revisions of the patent law, we can see that leading ideas of legislation are changed, and the reforms of the patent system are closely related to needs of the development of our country while promoting the public's awareness of patent. As a critical system for encouraging innovation, the patent system wil1 play an important role in enhancing a country's comprehensive strength.