Abstract: Under the constraints of external policy and internal resource, whether the patent behaviors of Chinese enterprises exist the phenomenon of dissimilation that deviate from original intention of technological innovation and market competition? Does the company's capability to create, utilize and protect patents really helps the improvement of competitiveness? This is a common concern of academics, governments and businesses in the last decade. This paper makes an empirical analysis on the relationship between the R&D intensity and patent application motivation, as well as the patent ability and the enterprise performance by using 219 intellectual property advantages/demonstration enterprises of Shenzhen as the full samples. Research results show that, in sample enterprises, the R&D intensity positively affects application motivation of patents which are higher degree related to technological innovation. The patent capability, on the whole, has a significant positive impact on enterprise performance. However, there are significant differences in the impacts of patent creation capability, utilization capability and protection capability on enterprise performance, which reveals that current patent policy needs to be adjusted accordingly.