The Legal Regulation Of Patent Laches

The abuse of patent right is the patentee's behavior which harmes to the others'or the public interest, which doesn't accord with the manner of patent law. There are some examples in recent years, such as: the royalty of DVD patent pools, the criterion of CDMA mobile, the criterion of Digital television, CISCO SYSTEMS, INC., v. HUAWEI TECHNOLOGIES, CO., LTD.,and so on. The people focus on the patent pool, the patent criterion other than patent laches. That is why author chooses the title of THE LEGAL REGULATION OF PATENT LACHES.The first part defines patent laches as: Patentee initiate tort proceedings for a vast number of compensation when the infringer developped his business well, knowing the existence of the tort..The second part analyzes the necessity of regulating patent laches for different points of view. In the market economy, market players effect each other deeply. The infringer will suffer huge losses if patentee claims his right to the infringer after he gets to know the fact of tort for too long period. Therefore, author holds the opinion that CHINA should regulate patent laches.The last part reviews the cases of patent laches in America,and our inspiration from them, then discusses the efforts of the two constituent elements identified patent laches. Author views the articles of chinese law which maybe involve patent laches. The judges applied the laches and equitable estoppel to patent laches in America. Bona fide doctrine, inhibition abuse of right doctrine, the limitation of actions, the judicial interpretation can not effectively regulate patent laches in CHINA. Thus, author suggests that our country amend Article 62 of PATENT LAW, according to the doctrine of laches .