Concerning Patent Malicious Litigation Judicial Regulation

With the continuous economic development, intellectual property protection system has been widely accepted. Meanwhile, the competition is becoming increasingly fierce a mong enterprises. In the international and domestic trade, many companies apply for pate nts maliciously, or set traps about patents in the name of protecting the intellectual prop erty rights. Various kinds of malicious lawsuits against competitors are nothing new today .They make use of legitimate proceedings against competitors, in order to achieve the pu rpose of unfair competition. This behavior not only violates the principle of good faith, w astes judicial resources, but also grievously hampers the economic development, and depa rts from the original intention of the intellectual property protection system. We should d efinitely arouse our attention onto it. This paper discusses the the current situation of mali cious litigation and its criteria, focus on putting forward reasonable proposals and effectiv e ways to regulate malicious litigation, in order to safeguard lawful rights and interests of the obligee.Taking the concept "Patent Malicious Prosecution" as an entry point, this article discusses the characteristics of patent malicious prosecution and the social harm it brings. In addition, with the analysis of the current situation of domestic patent malicious prosecution, its constitutive elements, as well as the methods and experience that overseas patent malicious prosecution judicial regulation applies, this article focuses on the explanation of the effective measures and implementation approaches of patent malicious prosecution regulation to aspire more solutions and attract more attention on this problem. Therefore, scholars are enabled to carry out more in-depth researches, providing theoretical basis for the curb of the practical patent malicious prosecution accidents. In this sense, intellectual property right holders could exercise their legal rights of appeal to safeguard their legitimate rights and the purpose of patent malicious prosecution can be validly regulated. And the regular market competition order can be guaranteed and the judicial authority be maintained. Consequently, a further study and regulation on patent malicious prosecution is of great theoretical and practical value.