Research On "Patent Troll" In China

“Patent troll” means the people themselves indeed have a legitimate patents, but itdoesn’t really make a patented product or provide patent services, only to concentrate theirefforts in the implementation of the patent right that is more like a patent abuse behavior, butalso includes a number of corporate entities that in order to curb the competition to formulatepatent strategy, application areas related to key patents and patents, and then to besignificantly higher than the patent itself value. In recent years,the phenomenon of “patenttroll” in foreign are frequent. Meanwhile it has brought significant economic losses toindustry giant, but also to some extent hindered the progress of science and technology. Inaddition, along with the acceleration of globalization process, more and more industry giantsin order to obtain a favorable competitive position of enterprise through the way of “patentalliance” or “the patent pool” to restrict competition.Therefore, this paper about “patenttroll” phenomenon range from general “patent troll” to which their own enterprises to patentrestrictive competition behavior.“patent troll” is not conducive to the development ofenterprises, to a certain extent, hampered the industry science and technology innovation. Sothe study of this phenomenon will happen in our country has the practical significance.Thispaper first take the United States of America “patent speculation” phenomenon as the researchsample to analysis the characteristics, the causes. Finally get the result that is in science andtechnology updates fast, non enterprise invented field. The main body is the basic industrygiants and compensation are huge amount. the conclusion as the starting point, respectivelyfrom our country patent distribution, our current laws, policy environment and Chineseenterprise’s own ability to analysis our country whether will happen the phenomenon of“patent troll”. Thereafter, the results obtained by combining China’s own political, legal, thecharacteristic of the enterprise from the government, the law, the angle of the enterprise togive some suggestions. Sincerely, I hope that I can do same help to find a equilibrium point ofpatent protection and public interests.