Abstract: Based on the pre - perspective, this paper constructs the governing system of patent quality and backlog on the basis of analyzing the two kinds of "rational behavior" of the applicant. Specifically, in the analysis of patent speculation, this paper establishes a theoretical model to find the reason why the existing solution can not be effective, and the realization of patent fees "targeted effect" approach. In the analysis of the patent expansion, this paper analyzes the two specific modes of expansion, and discusses the effect of establishing the principle of estoppel. On this basis, this paper present the system of ex ante governing policy including legislation, patent examination and judicial adjudication.