Patent Malicious Prosecution And It’s Legal Regulation

With the rapid development of economy and the intellectual property of soft power competition, by means of malicious patent application and make use of questionable patent were certain to appear in practice, more and more people try to use legitimate judicial proceedings to get unjustifiable purpose. Patent Malicious Litigation is not only a serious violation of the principle of honesty and credit, but also the waste of judicial resources, and because of it, the order of the market economy was disturbed, the legitimate rights and interests of the other party was infringed. Therefore, more attention and reasonable regulation should be paid to Patent Malicious Litigation.The new Civil Procedure have concluded regulation on Malicious Litigation, “Decisions made by State Intellectual Property Office(SIPO) about modifying ‘Guidebook to Patent Examination’ ” take effect from October 15,2013. It has changed the traditional about “No substantive examination on designs and utility model patent”. But the current law still lacks special regulation on patent malicious litigation.The first chapter of this paper started from two typical cases of patent malicious litigation, by contrast the different verdict of them, lead to the discussion of the characteristics and standards of patent malicious litigation; the second chapter analyzes the causes of patent malicious litigation and the theoretical basis on the regulation of it; the third chapter begin with the investigation of the legal regulation of patent malicious litigation in foreign law, trough the improvement of the system of patent right, trough the perfection of confirmation of non infringement of patent litigation system and the anti indemnity system of patent malicious litigation, try to give out my own brainchild on the regulation of patent malicious litigation.