Abstract:Taking patent into practice is the internal requirement of patent system and the fundamental nature of innovation as well. While in practice, many causes like the technology underlying patent right may not be commercially viable and strategic arrangement or simply indifference of patent owner, numerous patents does not be carried out. Put patent into practice is the necessary requisite to acquire or maintain patent right in early patent protection realities. But in the whole 20th century, following the alteration of patent policy and the strengthening of perceiving patent as private right therefrom, whether patent in use or not nearly has no affection to patent protection. In the context of the explosion of patent quantity, patent litigation is changing from negative defense to active attack, and the continuous increase of the technological extent in production, numerous patent remain on the paper would cause resource waste and conflict between the aim of patent system, that is to promote creation. So we should stimulate patent in use by adopting multiple measures such as reshaping the procedure of compulsory license, encouraging the development of patent operating entity and restituting the market structure of patent application and preservation.
