关键词: 专利 , 审查机制 , 专利战略 , 条件寿命期 , Patent, Examination Mechanism, Patent Strategy, Provisional Life

Abstract: With the intention of preventing domestic technology market from being monopolized by overseas firms, China implements protective patent examination mechanism, which is more beneficial for domestic firms to get patent right earlier. Overseas firms need to wait longer time for getting patent right. However, protective patent examination mechanism is not wholly beneficial to domestic firms from the perspective of firm’s patenting strategy. Since the expected revenue is uncertain and patent competing strategy needs to be taken account, overseas firms are not expecting to get patent right as soon as possible. Since protective patent examination mechanism further delays the time of granting overseas patent application, it is more beneficial for overseas firms to implement patent strategy. Although it is easier for large domestic firms to establish technology monopolistic advantage, it may be more beneficial to overseas firms in technology fields with great potential. Therefore, the effect of protective patent examination mechanism may not be ideal.