Construction of a Special System for the Use of General Patents in the Field of National Defense
The rapid development of civilian technology has provided a good development environment for the development of China's national defense modernization.However,legal and institutional obstacles have limited the development of"civilian-military integration"in China.The existing patent compulsory licensing system and designated implementation system in China impose many procedural restrictions.This increases the communication and management costs using ordinary patents in the national defense field,which is far from meeting the needs for a large-scale,regular and timely use of patents in the national defense field.In order to reduce the economic costs of using patents in the field of national defense,the patent systems of major coun-tries in the world generally have established systems using general patents for national defense purposes.These systems empower governments and other national institutions to allocate and use patented technologies for national defense purposes,while also requires national institutions to Inform the patentee and provide him with reasonable compensation.Establishing a special system for the use of general patents in the field of national defense will not only protect the income rights of patentees,but also ensure the use of general patent technolo-gy resources in the field of national defense to attract public interests.