Research On Construction Of Patent Legislation Of The Regulation Of PAE Phenomenon

In this paper, the PAE is the English abbreviation of Assertion Entity Patent, The Chinese translation is patent claims entity, Assertion has the meaning of idea and declaration, mainly refers to a kind of litigation behavior. PAE phenomenon is that holds patent rights not the actual production, and only through to corporate entities to initiate proceedings to profit from the phenomenon. PAE originated in the United States, but there is a trend towards global development. PAE in the United States is more strongly associated with its native American patent system, which has seriously affected the scientific and technological innovation in the United States, so the United States through the improvement of the patent legislation to strengthen the PAE specification. Along with our country to go on the world market. In our country, more and more enterprises especially science and technology enterprises to participate in the international market, and other countries between the competition is becoming more frequent, the enterprises of our country suffer a patent infringement lawsuit filed by foreign PAE is also increasing. In addition to China's enterprises to actively participate in the international market, China's domestic patent market is also growing, China's domestic PAE phenomenon also began to appear. PAE frequent action will produce a series of negative effects to our country, therefore, we need to recognize the PAE comprehensively, by drawing on the regulation of his country to PAE, analysis currently in China's patent law merits and need to be perfected, so as to prevent PAE may cause negative effects, so as to ensure the perfection of China's patent system, ensure the stability of the patent market of our country, promote scientific and technological innovation.This article discusses from four parts: The first part introduces the concept of PAE NPE, including the basic concepts of NPE and the type of NPE, and then focus on defining the concept of PAE, the characteristics and the objective evaluation of PAE. The second part of the paper focuses on whether there is a need to regulate the phenomenon of PAE in our country. The third part introduces the TRIPS Agreement, the United States and European countries in legislation and judicature is how to regulate the PAE phenomenon, specific regulatory pathways include shall be borne by the losing party litigation costs, improve the conditions for the use of the ban and other means. The fourth part in reference to international conventions and other countries regulation PAE related practices based on, combined with the specific conditions of our country, by increase in patent law when the plaintiff does not implement patents defendant may by the judge finds that non infringement of the provisions, change in the patent law of the People's Republic of China reasonable fee specified, under the precondition of satisfying certain conditions, increase the plaintiff to the defendant pay rules. There can be on the application of the system of pre litigation system to improve the applicable conditions, so that the PAE can not be easily applicable to the ban, thus eliminating the PAE threat to the entity's most favorable means.