Patent Litigation Rights Abuse And Its Regulations

Patent litigation abuse is a negative product accompanied with the development of IP-based industries. Lawsuits should have been a remedy to protect the intellectual property, however, it has increasingly been used against competitors and grabbed limited market share. Patent litigation abuse significantly undermines the normal market competition order,which also combats the industry's enthusiasm for innovation and violates the aim to encourage innovation of the patent law. Therefore, it is urgent to regulate the patent litigation abuse. The thesis studies the current situation of the patent litigation abuse in the field of mobile communications as an example, based on which Chinese mobile phone manufacturers meet with patent trolls' unpredictable lawsuits in the international market and to research the proper legal countermeasures to regulate such abuse mentioned above in order to break the deadlock of the vexatious patent litigations in which Chinese enterprises involved.The thesis mainly uses the method of case analysis. First of all, there is an overview of patent litigation abuse, specifically including the concept, the causes, the real harm and infringing elements. After reading some representative cases, analysising the manifestations of patent litigation abuse, it mainly includes three cases which in patent trolls, standard essential patents and patent rights. After clarifying the specific behavior, it analyzes the abroad experience from three aspects: the confirmation of non-infringement complaint, abuse of anti-pay system and patent proceedings. Finally,it summarizes the regulatory status quo for patent litigation rights abuse in our country,combined with extraterritorial legislation or practical experience, then proposing refinement of good faith, prohibition of abuse of rights principle of use, perfect the confirmation of non-infringement litigaiton and the reversal burden of compensation of lawsuits and patent recommendation proceedings.