Legal Regulation Of Patent Troll

In recent years, a number of patent assignees began to use patent system defects, opportunistic, abuse of rights, in violation of the patent system to establish the concept of the way, from patent practice entities to draw undue interests, patent system parasites, Patent cockroach. " In the United States, "patent troll" disrupted the society from research and development to the application of innovative chain, and from stealing countless wealth, its litigation also caused a huge waste of judicial resources. On the one hand, some scholars believe that "patent troll" as the limited value of brokers can not make up for its innovation environment, competition order and social public interests caused damage,it is necessary to "patent troll" governance. On the other hand, the so-called "patent cockroach" itself is not necessarily in violation of the competition order, after all, a patent depends on its real value of the execution itself - the more through judicial baptism and become a strong patent. The higher the value of the natural, the "patent troll" to provide funds to purchase patents or to obtain authorization in fact to some extent is to stimulate and activate the relevant technology trading market, to stimulate greater enthusiasm to engage in patent-related R & D activities.Just as everything is good and bad, it is difficult to generalize. Although not necessarily a problem in itself, but many "patent troll" behavior to some extent, apparently many of the enterprises have caused considerable problems.Thus, in the legislative and enforcement rights level, we must act prudently, not all entities engaged in such activities can be classified as a separate class to regulate, but to distinguish between them behind the different nature and commercial operation mode. Do more detailed treatment, especially in the "behavior" on the processing, can not be partial general. The United States, "patent troll" market has developed to a certain scale, so blindly suppress the market but detrimental to the vitality. China's pace with the United States, not only know the prevention, should also be prepared to do fine processing.China is trying to build an innovative country, is undergoing transition from “Made in China" to "Created in China",from the "big country of intellectual property" to "Power of the Intellectual Property".At this time, and improve the system design, to avoid the "patent cockroach" in China, the proliferation of China's “innovative country" to provide a good environment for the rule of law.