Procedural Regulation Of Patent Malicious Litigation

As China has become the second largest economy in the world, more and more local enterprises have been going out to seek more business opportunities. However, patent issues and other intellectual property issues were the obstacles to seek opportunities for overseas development in the early stage of international competition and cooperation. And because of the intellectual property issues, many domestic enterprises were always defeated in commercial competition with multinational companies. This embarrassment makes us aware of the importance of science and technology innovation and intellectual property protection. To provide protection for the long-term development of domestic enterprises, we encourage scientific and technological innovation vigorously, and try to improve the level of protection of intellectual property rights in the aspects of legislation, judicature, and administrative law enforcement at the same time. Nowadays, the level of intellectual property protection in our country has reached the world level, even beyond the requirements of the TRIPS agreement. However, there is a disharmony phenomenon increasingly prominent, patent malicious litigation, when we vigorously promote the protection of intellectual property rights. Some people take the publicly known technique to apply for a patent, which should not be patented. And they always will file a malicious patent infringement lawsuit against other competitors to realize the unfair competition for illegal purposes, once they grant patents from the State Intellectual Property Office. In recent years, more and more enterprises are trying to fight against their competitors by filling malicious patent infringement lawsuits, to seize market share and obtain illegal benefits. It not only disturbs the regular order of the market economy, but also is contrary to the modern concept of rule of law. On the one hand, patent malicious litigation has greatly wasted the limited judicial resources, restricted the rapid development of China’s economy, and on the other hand, it is contrary to the original intention of intellectual property protection system. Under the new economic norm, how to protect the legitimate rights and interests of the patentee effectively, to prevent and dissolve the negative effects of malicious litigation, and to use the negative impact of procedures to regulate patent malicious litigation, is the proper meaning of the protection of intellectual property rights. Accordingly, the further research on the procedural regulation of the patent malicious litigation is of great theoretical and practical significance.This paper is made up of four chapters. The first chapter mainly analyzes the basic issues of patent malicious litigation. First of all, the author defines the patent malicious litigation based on the concept of malicious litigation. Then, the causes of the patent malicious litigation are analyzed deeply from four aspects such as the internal defects of the patent system. Finally, the author discusses the criteria of patent malicious litigation. The second chapter introduces a comprehensive analysis of the necessity of the regulation of patent malicious litigation, namely the theoretical basis of patent malicious litigation regulation and the practical necessity. The third chapter sorts out the existing legal provisions, and points out the deficiencies of the existing regulations, which are used to regulate the patent malicious litigation problems. On the basis of the deficiencies pointed out in the third chapter, the fourth chapter puts forward some suggestions to perfect the regulation of patent malicious litigation. And the specific recommendations are mainly about the court trial procedure, the system of litigation for confirming non infringement of patent right and patent malicious litigation reverse compensation system.