企业获取专利技术的路径比较

专利技术是指有效期内的专利所保护的技术。当今专利技术已成为企业竞争力的关键指标,企业对技术的研发离不开对先前或已有专利技术的利用,是实现企业技术创新的重要奠基。本文概括企业获取专利技术的路径种类,包括专利技术交易和专利免费开放,并根据专利技术权属转移与否,对专利技术交易类型予以具体划分。接着本文比较各路径所能获取专利技术类型和交易成本,并总结、比较各路径之间潜在的技术、市场和法律风险。通过上述的探讨,笔者希望能为企业在获取专利技术的路径的问题上提供理论参考,助实现企业经济利益的最大化。

Enterprise acquiring patent technology's route comparison

Patented technology is a technology protected by patent within its validity. Nowadays patented technology becomes the key indicator of a corporation＇s competitiveness and research on technology can＇ t be carried on without using previous or existing patented technologies, which plays a fundamental role in technology innovation of a corporation. This article generalized types of paths that a corporation could acquire patented technologies, including transaction of patented technology and free open patent, and categorized types of patented technology transaction in accordance with the transfer of the ownership. Next, the article compared types of patented technology a corporation could acquire and transaction cost of each path, as well as concluded the potential technological, market and legal risks among such paths, After all this, the author hoped this article might provide theoretical inference for a corporation that acquired patented technologies, which helped to maximize corporations＇ economic benefits.