专利审查协作模式创新与路径优化：审查效率与审查质量导向下的制度演变

Model Innovation and Path Optimization of Patent Prosecution Cooperation: System Evolution Under the Guidance of Prosecution Efficiency and Prosecution Quality

摘要:

专利申请量的激增增大专利审查机构的压力,进一步推动专利审查协作的产生和发展。通过理论模型构建揭示出专利审查国际协作对审查资源的调整可以改进审查效率和审查质量,并分析相应的方案。通过加速审查的方式提升专利审查的效率,同时提供多样化的专利审查方案保障预期专利权的稳定性和权利要求的保护范围；通过专利审查信息共享以缓解审查积压,将专利审查资源集中于专利审查质量和专利审查效率的改进；在专利审查协作过程中充分发挥各个合作国的审查资源优势,综合参与国的审查意见,提升专利审查质量并监控预期审查风险。

关键词:专利审查;审查效率 审查质量;审查积压

Abstract:

The surge of patent applications has made the pressure on patent prosecution agencies increasing, and further promoted the emergence and development of patent prosecution cooperation. Through the theoretical model construction, it is revealed that the adjustment of patent prosecution resources by international cooperation can improve prosecution efficiency and prosecution quality, with the corresponding scheme analyzed.The efficiency of patent prosecution is improved by accelerating prosecution, and a variety of patent prosecution schemes is provided to ensure the stability of patent rights and the protection of claims. The information of patent prosecution is shared to ease the workload of prosecution. Patent prosecution resources need be concentrated to improve the quality and the efficiency of patent prosecution. The advantages of prosecution resources of each partner country need be fully exploited in the process of patent prosecution collaboration, with the prosecution opinions of participating countries, which could improve the quality of patent prosecution and control prosecution risks.

Key words:Patent Prosecution; Prosecution Efficiency; Prosecution Quality; Prosecution Workload