Research On Patent Fraud

“Patent fraud” may be new to Chinese scholars, however researches have been highly developed in western countries.In light of category made by Professor Leslie from California law school,we may say patent fraud currently is composed of inequitable conduct and patent theft. Though agreements have been reached on the necessity of regulating inequitable conduct, there are controversies about whether we should do the same to patent theft. Though having no clear regulations about these two conducts in our law system, things like these happen a lot in reality. How to protect our legal rights is becoming a urgent problem to solve under these circumstances. Hence, I am trying to propose a new revoking reason as patent fraud as well as learning from US mode using competition law to punish any conducts against it.Apart from introduction, this article is composed of 4 parts.Part one introduces what may constitute patent fraud,with 2 types: inequitable conduct and patent theft.More emphasis would be put on affirming standards on patent fraud,analyzing its two subjects from the point of case law.Part two answers the necessity of regulating patent fraud. Though agreements have been reached on the necessity of regulating inequitable conduct,Judge Posner objected regulations on patent theft,which became mainstream for a long time.Recently, an increasing number of scholars are rethinking this question.This article will discuss why patent theft should be prohibited.Part three compares the mode of US?EU and Japan,learning their cases and trying to figure out where shall we go.Part four introduces what's the reality in China, pointing out uncertainties in our law system,drawing lessons from other successful examples as well as current law system in order to offer some thinking for specific systems design.