Legal Regulation Of The Patent Troll

Patent troll, are those patented product itself does not manufacture or providepatent services, but from other companies (often the bankrupt company), researchinstitutions or individual inventors on hand to buy the patent ownership or use rights,then specifically to make huge profits by companies or organizations specializing inpatent litigation. Patent troll has been translated as patents or patent pirates devil, inpatent practice is one who is mentioned on whom hate vocabulary. It was born in the90s of the last century, the United States and quickly spread to the entire westernworld in recent years, they began to patent litigation against China’s domestic andoverseas markets. Patent troll because of its quantity, concealed, confusing featuresand have a great social harm force. Not only will cause lower corporate profitsnormal, not normal operations, the long run will seriously damage the ability ofsocial innovation and intellectual property, so that the depletion of social innovation,the quality of life will decline.The United States as the world’s scientific and technological innovation andmarket the most economically developed countries, but also the birthplace of boththe Patent troll Patent troll harm suffered the most serious countries. In this regardthe United States has taken a series of legal measures to curb Patent troll acts,including the enactment of the "America Invents Act" to obtain a certain socialsuccess. Also through the jurisprudence of the Supreme Court of the United StatesCircuit Court to a certain extent, changed the status of a patent infringementinjunction way, established before the court issued an injunction, the law must beapplied to measure the four elements of the doctrine of precedent.Our patent system began in the mid-80s of the last century, is being rapidlyperfected. With the rapid development of China’s market economy and thetechnological level of the rise, especially after the reform and opening up, Chineseenterprises to the trend of the world, the risk of suffering from Chinese enterprises inoverseas patent cockroaches growing.2008ZTE case marks the official Chinese companies suffered huge cockroach patent claims cases. However, our academicresearch and information in the relevant field is still relatively lacking, there are stilllarge gaps in the field. China’s "Patent Law," in addition to the existing compulsorylicensing system and the "anti-monopoly" outside limit patent abuses, still need to befurther strengthened Patent troll regulation at the legislative level. Also I believe thatcompanies from their own point of view, enhance independent innovation capability,establish patent application awareness, establish a patent pool, and activelyresponding to defense and counterattack Patent troll fundamentally attacks.