The concept of human rights is an important one in modern political philosophy.It first appeared as the concept of natural rights in the 17th and 18th enturies,and was given much attention in the 20th century.However,the concept of human rights,whether appeared as natural rights or modern people’s rights,is an abstract concept,which is not necessarily meant to protect people.Genocide to the Jews during the Second World War is an example to show the dilemma of human rights in modern society.The practice of human rights in the 20th century has shown that the enjoyment of human rights should be preconditioned by civil rights or citizenship in a modern national state.
Technological innovation,which is the engine of economic development,is encouraged by patent law through market profits of invention.However,when the anticipated profits of invention are lower or less than the investment,patent law cannot achieve its purpose of encouraging innovation.Thus,the market profits of invention under patent law are its Achilles’ heel.To overcome the shortcomings of patent law,the policy tool and law adopted by the stateare diversified,including the public fund,R&D credit and so on.With different territory，different institutions have different returns and costs,leading to different influence among the society and the innovators.Thus,it is necessary to uphold the basic role of patent law,and meanwhile to take other laws seriously.This is the criterion to reform the patent law,and is also the starting point to perfect other laws to encourage innovation.
