后WTO时代的企业专利策略

静悄悄地专利布雷，紧锣密鼓地取证指控；既有战略上的精心规划，又有战术上的巧妙实施，外国公司发起了新一波专利大战。对于知识产权的认知，国人从“无知者无畏”，到现在的“望而生畏”，中国企业表现得幼稚且束手无策，继而产生了深深的恐惧。中国企业已几近鱼肉，但能否绝处逢生，就看我们的底气(专利筹码)和对相关规则的了解和运用。“专利诉讼”因其专业性较强而显得“神秘”，很少进行面对企业的研讨及总结。本文讨论专利诉讼的技术细节，并提供实用的分析体系。

Business Patent Strategy in the Post-WTO Era

From quiet patent`mining'to intense evidence collecting and accusation, foreign businesses have launched a new wave of patent`wars'. This involves both careful strategic planning and smart tactical maneuvering. With regard to the understanding of knowledge patents, the Chinese people were for a while `fearless because of ignorance'in the past but are nowadays`full of fear'towards such patents. They behave immature and are often simply helpless. And then they are`seized with deep panic'. In a word, Chinese businesses are almost`meat on others' chopping block'. Yet they can still meet unexpected rescue; and this depends on their patent counters and their understanding and application of rules. Patent proceedings seem to be`mysterious'since they are a highly professional thing. As a result, there isn't much research and summarization of patents in businesses. This paper studies the technical details of patent proceedings and offers a practical analysis system.