Procedural Research Of Patent Trolls

Recent years have seen the phenomenon that many of the Chinese overseas enterprises had been accused by patent trolls. Ultimately, without exception, they failed and paid significant compensations or patent licensing fees. Patent infringement litigation is a key way for patent trolls to gain economic benefit. However, the currently used system of patent infringement litigation has a bias protecting the interest of patents which provides patent trolls potential opportunities. An important task for the reform of patent system is to prevent the patent trolls at the litigation level, thus avoiding their large-scale accusing with the boundary of China. This thesis introduces some regulatory measures of American patent reform to stop the patent trolls at the litigation level, analyzes the situation of patent infringement litigation filing by patent trolls in our country and finally searches for the approaches and advises to prevent the patent trolls based on the knowledge of both foreign experiences and inner situation. Therefore, benefits can be made to perfect the reform of patent system.Full-text of about a total of 28,000 words, in addition to the introduction and conclusion,the body divided into the following five parts:The first paragraph is about the general theory of the prosecution by patent trolls.The patent troll is a kind of non-practicing entities which doesn't carry out any patent technologies,manufacture the patented products or deliver patent services. Instead, it buys ownership or using right of the patent and then earns huge profits by patent litigation or patent lawsuit threatening. The existence of them does not conform to the law of development of human society and it is an alienation of the patent system and patent market development. Owning its strategies in respects such as the litigation-related mark patents, the charged objects, the timing of litigation and the litigation costs, Patent trolls has formed a set of unique operation mode. Patent proceeding brought by them are always in a frequent large-scale with regional bias, and it also has the characters that the plaintiffs bear no risks of respondent. Further more,comparing with the patent malicious prosecution, the prosecution filed by patent trolls has same aspects in subjective malice, purpose of proceeding, procedural action and so on. It also has differences when it comes to subject conditions, pattern of manifestation, injured objects,involved patent, and result of judgments and so on.The second paragraph is about the harm and reason of the rising of the patent trolls.he low barriers to prosecute, the overwhelming consolidation of action, the wide standard ofpermanent injunction and the high amount of compensation can all be the reason of its rising. Many harmful results can be leaded such as the direct damage of patent firms, private damages causing by the loss of industrialization of patent technologies, other social economic effects inflecting by the drop in stock value of defendant companies, disruption of the enterprise management order and so on.The third paragraph is about legal regulation to patent trolls in America.the approaches to prevent the patent trolls at the litigation level in America can be divided, according to the reform of these years, into the following four parts: the first is the rules and regulations to the requirements of prosecution. Another aspect is the rules and regulations to the trial processes of these cases. And then it comes to the undertaking of the legal fees. Finally, the perfect of the permanent injunction system is also very important.The fourth paragraph is about the situation of patent infringement litigation filing by patent trolls in our country.Recently, Chinese enterprises in overseas markets have suffered great economic losses because of the continuous litigations by patent trolls abroad.Meanwhile, real patent trolls haven't existed in our domestic market. However, this doesn't mean that no patent infringement litigation filing by patent trolls would erupt in our country due to the unreasonable current factors in our patent infringement lawsuit system such as the milder conditions of prosecution and amalgamated trials, gradually raised compensations, low applicable standard to stop the infringement and so on.The fifth paragraph is about the precaution of the infringement litigation filing by patent trolls in our country.Under the opportunity of the exploration of establishing intellectual property courts, this article introduces the following aspects of the precaution of infringement litigation: first is to establish an accurate principle of precaution. That is the principles of prudence and lawsuit cost regulation. And then we should clear necessary conditions for prosecution add the necessary limit consolidated conditions, consummate our pre-trial tort-prevention system and so on. Finally, we should explore the certification processes of patent trolls, thus form a unique intellectual property rule of trials.