The Exercise And Restriction Of Patent Right

"The patent system just like put the oil into the fire of genius."The patent makes it true that the inventors can use their inventions only by themselves. Formulation of the patent system is to encourage people to invent. The patent system allows inventors have monopoly rights to fetch up the profit in the procedure of invention. To make sure that this monopoly rights is limited, otherwise, it will be the patent abuse.It is not permitted by law.In recent years, the phenomenon of patent troll aroused more and more attention. The lawsuits increased in recent years.Huawei and ZTE suffered patent infringement lawsuits from Traffic Information LLC corp. Hitachi sued South Huiton for the patent infringement of the hard drive, Intel sued Donjin Tech in Shenzhen for the patent infringement. In these cases Chinese enterprises have suffered huge economic losses.These cases arouse people’s attention. Compared with developed counties, we suffered less loss. But under the guidance of "going out" and "bring in" policy, more and more enterprises to go abroad, risk they face is also growing. In China, our discussion about "patent troll" is not so much. The cognition about it is not enough. We still would have been invaded by the "patent troll", because China has the suitable soil for the growth of "patent troll".The patent abuse is not a new problem. There is a lot of discussion on this issue in the past. Some experts and scholars have written many articles to explore this issue."Patent troll" is actually a patent abuse problem, but compared to some of the traditional patent abuse problems, it has its particularity. This paper aims at on the basis of previous studies about the patent abuse,Combined with some of today’s developed countries (mainly U.S.)’ successful experience to deal with "patent trolls", based on the market situation of China’s patent to make some suggestions to deal with "patent troll". This paper elaborates by five chapters: The first chapter introduces the basic concepts of "patent abuse" and "patent troll" and "patent abuse" Elements. The patent system as a monopoly regime, criticized by many people, even in the19th century, some European countries have been abolished it. This paper first describes the theoretical basis of the existence of the patent system, the legitimacy of the exercise of patent rights, but the exercise of this right can not be over law, and then the "patent misuse" and "patent trolls" were introduced, so that we will have a general understanding.The second chapter describes the reasons for its generation and the rapid development."Patent troll "sprang from the U.S., but now, no longer a question of a country the United States, a great influence on the international market. Looking through the root of the problem is discussed in this chapter, to solve the problem more effective.The third chapter introduces the behavior pattern of "patent troll" and make a comprehensive and objective Analysis of the resulting impact of their behavior On patent troll qualitative, roughly two versions, one by one in this section introduced and put forward my point of view."Patent trolls" as a phenomenon exists, there are both positive and negative effects of both. This article focuses on the patent troll’s negative impact, because we only know the hazards of this phenomenon, can address the problem, to find a better way to solve problems。The forth chapter analyzes the current situation of China’s patent market and made recommendations to deal with "patent trolls". To make constructive comments and solutions to deal with "patent trolls" are the purpose of writing this article. The analysis of patent troll’s behavior characteristics and business model before is also laying the groundwork for this purpose. Make an effective defense against patent trolls, we should focus on refining and improving the patent system, and the enterprises themselves need to focus on intellectual property strategy. Through the two-pronged way, to create synergy is the effective way to solve this problem.