The Compare Of Types And Strategies Of Patent Trap

An increasing number of Chinese catch-up enterprises are restrained by patent traps in recent years. With the development of technology, the components of products become more complex which means a new product will involve a lot of different technical patents. Chinese enterprises are easily fall into patent trap due to short of experiences in dealing with patent trap. It turns out that huge license fees were paid in past years and this delayed the process of development badly. What’s worse, many of them have been suffered numerous lawsuit made them had no cash and energy to pay in R&D. Nowadays patent trap spread widely and deeply which is in the way of the Chinese enterprises catch-up process. Thus we need to do some deep research about it.This thesis uses literature analysis and case analysis method to study the international compare of types and strategies of patent traps. First, by reviewing and analyzing literature of the rising and development of patent traps, we summarized several strategies. Secondly, we compared4cases between Chinese and developed countries by using case study and tried to find regular patterns. Finally, analyze the strategies of these cases based on the vision of law and enterprises.Through analyzing patent trap happened in domestic and foreign countries, we found that the types were very different. From the perspective of manifestation, small companies set up patent traps to blackmail big companies in developed countries while in developing countries small companies often are trapped by multi-national companies. In terms of the nature of patent traps setters, there are two main forms. One is setting by single enterprise and the other is setting by patent pool or patent standard.By comparing the cases, we summarized two aspects of several strategies for different kind of patent traps. First, from the perspective of enterprises, we should accelerate the pace of R&D and applying core technical patent, apply relevant patent in domestic and make cross-license patent with foreign competitors and build industry patent standard. Second, from the perspective of law, we should build the platform of patent early warning and make the patent system sounder than ever.