Research On Compulsory License System Based On Patent Thicket Phenomenon

The development history of developed countries'patent system tell us that, because its own characteristics of patent system, therefore, the phenomenon of patent thicket is inevitable. Patent thickets is not conducive to the spread of technology and applications, which go against the purpose of the patent system, and not conducive to the public interest .On the one hand , patent law protect the interests of patent holders, On the other hand, patent law also protects the public interest for public accessing and the using of knowledge products, which is to promote the growth of the social wealth. With the development of Science and economy, industrial competition has been international, intellectual, white-hot and orderly. More and more people like to apply for a patent. In the United States, patent thicket is widespread, improving patent quality and restricting patent infringement remedies, which are two important policies at present in America. Instead, In China, because the establishment of the patent system is very short time, and people's consciousness of innovation is thin,the phenomenon of patent thicket is not obvious in our country. In 2008, China State Council issued the "Outline of National Intellectual Property Strategy". With a booming economy, and strengthening protection of intellectual property rights, these external factors provide a very favorable environment for the growth of patent thickets. As an important means to limit the patent right, patent compulsory license becomes an important part of the patent system, functioning to balance the interests of patent holders from the public interest.This paper deals with our country'patent system of compulsory license learning from the developed countries'experiences to resolve patent thickets. The first chapter has analyzed the causes and trend of patent thickets, and provided development history and fundamental theory of patent system of compulsory license. The second chapter introduced developed countries'legislation and judicial practice of patent system of compulsory license, finding what should be used for reference by China. The third chapter analyzed patent thickets'format and several problems should be paid attention to, at last, made proposals for improving the system of patent system of compulsory license, including compulsory license should be taken into the proceedings of patent infringement, and formulating and completing special laws and regulations for patent thickets.