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专利制度诞生于西方,作为一项新制度被引进中国,是19世纪50年代的事,1859年洪仁在《资政新篇》中首次提出了在中国实施专利制度的具体设想。这本可以成为中国专利制度的生长点,但随之而来的洋务运动却以“官督商办企业专利权”把中国专利引上了畸形发展之路。本文分析了官督商办企业专利权和现代专利制度的三点根本不同,并进而研究了《振兴工艺给奖章程》提出的背景,认为它是中国从萌芽中的专利制度向近代专利制度过渡的桥梁。
The patent system was born in the West and was introduced into China as a new system. It was a matter of the 1850s. In 1859, Hongren first proposed a concrete plan for implementing the patent system in China. This could have become the growth point of the Chinese patent system, but the subsequent Westernization Movement cited the Chinese patent as an aberrant development with “government-supervised commercial enterprises’ patent rights.” This paper analyzes the fundamental differences between the government-run commercial patent and the modern patent system, and then studies the background proposed by “Revitalization Process Award Medal,” which is that it is the transition from the budding patent system to the modern patent system in China Bridge.