【正文】 mplementation of patent policy, or the application and effectiveness of the patent tools, is inseparable from economic, political, social and cultural circumstance. The patent system is supposed to make its own adjustments according to large system environment, so that it has more patibility to achieve positive interaction. This paper focus on the influence social factors make to the rheological patent system. Besides, it mainly studies the impact of functioning patent system on social stratification and social welfare, and also explores ways and factors of these effects. As to research methods, the paper uses the method of legal positivism, value analysis, systems analysis and social empirical research, to tease out the patible, adaptive and initiative problems between patent regime and social system, social structure and social psychology under the social background of transition period. In the process, the task is to find out those regular connections and strive to make clear the connotation and essence of patent system, revealing other social motivations of its origin, development and change other than economic, political and cultural motivation. In this way, we can study the effects which social factors bring to the rheological patent system and the acting ways and extent of the patent system on social resource allocation, thereby proposing the relationship among patent regime, the allocation of resources and social stratification, and dissecting causality and interaction among all three.Existing researches mainly focus on the legal aspects of how the patent regime functioning, which includes efficiency and cost of patent applications, crackdown infringements, the protection of patentee over transfer and other transaction. Thus, considerable researchers concentrate on the relationship between the patent regime and technological innovation, in other words, regarding patent protection as incentives for innovations. There are some scholars considering the external impacts mainly on the balance between economic benefits and economic costs of patent regime from two sides of this system. From the academic point of view, generally, it is believed that patent is an invention and patent right is equivalent to property right. In this sense, the patent system is a legal norm what a sovereignty state protecting rights of patentee and exercising rights of legal division. Patent system identify patent as a legal monopoly and also give legal protection to it. The purpose of it is stimulating innovations, promoting the industrialization of technology, and finally resulting in technological progress and social development. From a sociological point of view, patent system relevant much and play a large or small, overtly or covertly, or contraction or expansion role on economic, political, social and cultural systems of the whole country though some medium. It is because that patent is a property right, sociologically speaking, it can be deemed as a kind of property benefits distribution system. Due to the ability differences between patent possession and use of society resources, different patentees act in diversity during the course patent right marketization, which affect R amp。 D investment recovery and a new round of technological innovation. Intangible value generated by intangible property intellectual will lead to a redistribution of wealth, directly inflecting the social welfare, and thus affecting the social stratification. Both of patent System and the Industrial Revolution began in England. And Industrial Revolution divided the world into the East and the West. Economically, the East has bee the main sources of raw materials and modities markets to the Western countries。 politically, the East became the colonial and semicolonial countries to the Western countries, and the independent sovereignty and territorial integrity of the Eastern counties have been violated。 culturally, Western culture along with the growing military and economic aggression dominated in the whole world, which seriously damaging innovation capability, the legal system and speaking right of Eastern countries. Eventually, stratification of the international munity began. To a deeper sense, technological innovation triggered system innovation with changes in the distribution model of social wealth. And the country39。s foreign policy adjustment provided domestic law support to the remaining products in the international market expanding, which creating a social and cultural environment for early conversion to industrial entities to. Early introduction of international patent treaties laid a system prototype for unifying international patent protection. From the perspective of the development history of China39。s patent system, introduction of patent system is a phenomenon of legal transplant, which got through the stage of Western Learning, the Enlightenment and the international preparatory process of social stratification. Even at the birthplace of the patent system, patent system also experienced the evolution from royal concession rights to legal civil rights. As a result, the processes are being more and more scientific。 the organization has improved steadily and the efficiency of review bettered gradually. Moreover, the catalytic effect of patent for accumulation of social wealth being increasingly clear that social stratification growing.Some scholars have proposed the concept of patent length, patent breadth and patent height, and all three are respectively related to how to clarify the requirements of novelty and originality of the patent, the period and scope of patent protection, which directly affect the technology spillover effect and have impact on social welfare. The reason is that the period of patent legal protection involves many aspects, such as economic efficiency, social welfare, innovation incentive, plete law degree, the extent of patent protection, national and regional balance, which is fille