The Evolution And Categories Of Patent Traps

It is the critical period for Chinese enterprises to accelerate technological catch-up and achieve independent innovation. At this stage, Chinese enterprises are being troubled with patent trap. With increasing complexity of technology, product development often involves lots of technology patents. Many enterprises had to pay high license fees and R&D was seriously delayed due to lacking the experience and methods of dealing with patent trap in the technological catch-up process. In addition, they have been often suffered lawsuit and high claims by inadvertently infringing certain patents.Patent trap is currently rapidly spreading and further expanding, which is greatly threatening to technological catch-up and achieve independent innovation of Chinese enterprises. So it is in urgent need of in-depth research.This thesis uses literature analysis and case analysis method to study the mechanisms and categories of patent traps. First, the rising of patent traps are analyzed through literature review and case study. Then the generation mechanisms and category of rising about patent traps are studied and effective strategies to solving patent traps of rising stage are explored on the base of the generation mechanisms and category. Similarly to the rising, evolution process and the newest stage of patent traps are explored.It showed that evolution process of patent trap includes obvious stages. The vulnerability of the legal system is the main reason for leading to patent traps generation in1990s, which are presented as a profit-making tool for small businesses. In2001s, hindering catch-up competition for leader helped patent traps spread rapidly, which is emerged as a leading enterprise competitive weapon. Patent traps are induced by increasing complexity of technical components in2010s,which mainly appeared in the industry giants dueling industry giant as a tool for large enterprises both profit and competitive effects.Further, it is summary that patent trap can be divided into three types. A small businesses harassment large enterprise is the rising form. Frequent occurrence is leader in containment catching enterprises. The newest emerging form is the industry giants duel industry giant. Furthermore, effective strategies are come forward to deal with patent traps.