The Research Of The Legal Regulation On Patent Troll

Recently, the influence of patent troll to the global economy and technological innovation has been enlarged continually. Many governments issue regulations to solve the problem of patent troll. Patent troll belongs to the speculative NPE. Making the regulation effectively is based on the correct definition of patent troll correctly. The factors of Pro-patent Policies, high litigation cost and the characteristics of the patent provide the foundation to patent troll. Currently, some patent troll companies not only utilize the high damages and compromised fee extorted by the traditional business model and litigation strategy, but also develop other business models, which are more hidden. These behaviors restraint the business innovation and cut down the social welfare. What's more, these increase litigation cost, lead to some damages to the benefits of consumers. Therefore, making some regulations for patent troll is the most urgent thing. China should learn the lessons from the western countries such as America, which had already taken some measures on patent troll. We should improve legislation of Patent Law, Anti-Unfair Competition Law and Antitrust Law. Meanwhile, our enterprises should take some measures to the threats from patent troll. By enhancing the ability of independent innovation, claiming the invalid of the patent or using the methods of counterclaim, enterprises can take measures against patent troll. The other solutions contain taking part in the speculative NPE and formulating the patent strategy to the company.