从行政许可法看授予专利权制度的改进

我国专利行政机关授予专利权的行为属于行政许可的范围，应当受到行政许可法的规制。我国专利制度的设立和运行基本体现了行政许可法的立法精神和要求，但也有部分具体的制度还需要改进，从而更好地符合行政许可法的要求。

On the Improvement of Patent System from the Perspective of Administrative License Law

The administrative conduct of granting patent by our patent administration organization belongs to administrative liscense and therefore should be regulated by the Administrative License Law. Generally speaking, the establishment and running of our patent system reflects the Legislative Spirit and requirement of the Administrative License Law. However, there are a few concrete clauses remaining to be improved to better meet the requirement of the Administrative Li- cease Law.