Abstract:Under the background of Chinese investment in science and technology is strengthen constantly, but the patent creating has not been improved. For this phenomenon, the fundamental reason is that companies are lack of relaxed, free and innovative atmosphere. So, in order to explore this question further, the author constructs the influencing factors model of the three variables and verifies it with the survey data by using Structural Equation Modeling (SEM). The study has following results: First, the organization innovation climate has positive effect on enterprise patent creating ability. Second, the organizational learning ability has a whole of mediating role between the organization innovation climate and enterprise patent creating ability. Finally, the enterprise scale has no positive moderating effect on enterprise patent creating and using ability. At last, we put forward the corresponding management measures.