【正文】
new financing methods such as patent pledge change the traditional pattern of patent R amp。 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 filled with contest and game. Secondly, the more prehensive patent protection the state gives, the higher the cost to infringe interests of the patent owner, in this way, the benefits of patent owner would have been well protected, thus making patent owner gain more profit. Finally, the degree of difference between patents and the prior art indicates the quality and level of invention, in other words, a patent39。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。 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。s scientific and technological strength, patents also reflect the quality of possessing wealth for a country and the individual, and the present level of the sustainable development in some extent. Thus we can deduce in a sovereign state, how and to what extent the patent system affects the social stratification and social welfare system and helps to make a balance between encouraging innovation and social stratification, therefore, to think outside a box instead of qualitative thinking ways of internal investigation is pletely needed. This paper bines the multidimensional perspective of law and sociology, then analyzes and researches the applicability issues of patent system in the context of the rapid change of social structure on macrolevel legislative and judicial practice of patent system. Those conclusions can provide a theoretical basis and guidance for patent law formulation, patent system designing, patent policy implement and patent tool application in a certain theoretical and practical sense.As we all know, the concept and design of patent regime, the formulation and implementation 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