Research On Patent Abuse And Related Regulation

With the development of the modern science and the rush competition of the international economic, patent becomes an important weapon in the competition for the business people. In order to get more profit, more and more patent owners abuse their patents. However, the research and legislation on patent abuse in China is very weak. So this article research on the topics below:The first part is about the meaning of patent abuse. Before researching the patent abuse, the meaning of the abuse must be clarified. In practice, the limit resource can not satisfy the all the requirement of people. So people's interest is allocated and confirmed by the right. But, sometimes, the right can not divide the public interest and private interest correctly. Then execution of the right will infringe the public interest. In such case, the execution is legal in formality but illegal in material, which is called as abuse. Patent abuse means the patent owner infringe the public interest deliberately during the execution of the patent right.The second part is about the types of the patent abuse. The type of the patent abuse must be clarified for better researching of the patent abuse. Patent abuse can be classified by many standards. It can be classified as patent application abuse, patent license abuse and patent relief abuse base on the standard of the objection of abuse. Patent application abuse includes the disqualified patent application. Patent license abuse includes the rejection of license, license with the unreasonable license fee, put forward the unreasonable limit on the licensee. Patent relief abuse includes delaying the litigation, sending the warning letter at random, and applying the injunction at random.The third part is about the reason of the patent abuse. The reasons are as follows: Fistly, the patent is origin from the privilege in ancient society. It is exclusive. The judgment of the infringement is very vague. All these three points make the patent right a right which is easy to be abused. Secondly, the science becomes more important in the modern society. A lot of technology standards have been set up. All these two points provide a basis for the patent abuse. Thirdly, the global economic is incorporate. There are differences among the global regions. All these these points are helpful to spread the patent abuse.The fourth part is the justness of regulating the patent abuse. Patent legal system promotes the development of the society through granting the patent owner a privilege. So protecting the private interest is the method to protect the public interest. The justness of the patent legal system is the balance of private interest and public interest. Patent abuse breaches the balance. Regulating the patent abuse can recover the balance and realize the basic legal value such as fair, efficiency and order. Thereby, the balance of the private interest and public interest is the justness of regulating the patent abuse.The fifth part is about the legal system to regulate the patent abuse. At the moment, Chinese government should strengthen its regulation on two regards .Firstly, regulate by a compositive method including the patent law, anti-monopoly law and administration law. Secodnly, this part discuss the regulation methods including patent evaluation system, standard patent management system and the evaluation of the injunction. These systems shall be consummated by comparing the related foreign system and analysis their practical effect.Compared with the researching in existence on this topic, classifying the patent abuse is mentioned at the first time in this article. Demonstration the justness of the regulating the patent abuse from the view of interest balance is a special point of view. Analyzing the reason of patent abuse from a compositive view and providing the specific suggestion for legislation are also two creative points.