专利制度需要改革,譬如我国的专利无效程序因其环节多等原因而颇受学者非议。然,专利制度改革需要理论的支持。专利授权行为的性质是专利法中的重要课题,对专利制度的选择具有重要意义。否弃行政许可行为理论,重构专利授权行为理论,认定其为司法性行政行为,这对专利制度改革和实践具有重要意义。 The patent system needs reform. For example, China’s patent invalidation procedure has been criticized by many scholars for its many reasons. However, the reform of the patent system needs theoretical support. The nature of the patent licensing act is an important issue in the patent law and is of great significance to the choice of the patent system. It is of great significance to reform and practice the patent system to reject the theory of administrative licensing behavior and to reconstruct the theory of patent licensing behavior and to determine that it is a judicial administrative act.