The Regulation Of Patent Law On Patent Troll

Patent troll is a concept to appear in recent years, from outside spreading into China, which are engaged in patent troll as individuals, corporation, or from bankruptcy application for companies and individuals to buy patents, and seek to get patent licensees fee. Often sue the people who don’t accept patent authorize rs, take the patent infringement litigation as coerce means. They are disrupting patent market seriously.Despite troll in the patent to some extent for the patent transactions, it is good for the small entities or individuals, but their main purpose is to obtain economic benefits and not for the patent applications. It is bad for the enterprises, so we must regulate them. This paper analyzes the patent law and patent system, which is to protect the whole society of innovation, and patent troll is contrary to the goal, and also from the analysis of global warming problem, we can see that patent troll is inconsistent with the public interests, and we must pay more attention to the protection of public interest.The author thinks that we must regulate the patent troll with law, firstly, we should perfect the patent damage compensation mechanism; secondly, to enact the ban carefully; thirdly, when the patent troll participates in making the technical standard, we should reinforce the patent information disclosure obligation; the last is people who engaged in industry should actively pay attention to the use of patent information, actively using patent litigation strategy, actively promote and establish the anti-patent troll alliance and etc.