Research On Legal Issues Of China’s Smart Phone Patent Security Operation

Digital information era,along with the popularity of smart phones,the significance of the smart phone patent operations become increasingly important.Smart phone patent operations need to go through the patent thicket,use standard essential patents.Patent technology cannot be avoided,especially legal issues.In the process,strong patent protection policies in developed countries,the threat of patent speculation,and the problem of patent misuse and patent indirect infringement should not be ignored.Based on this,this paper starts from the basic theory of smart phone patent security operation,trying to explore the security operation of China’s smart phone patent.This paper first explains the concept and legal characteristics of smart phone patent security operation,tracing the origin of the theory,discusses the intellectual property rights theory,the theory of national economic security and the law of patent jungle.In the comparison of the relevant legislation,covering the patent legal regulation in the United States,Japan,South Korea and China’s specific.Then,the paper describes the status quo of the smart phone patent layout from two aspects: the geographical layout of the patent technology and the technical layout,introduces the application,acquisition and litigation strategy of patent operation of smart phones.Based on the analysis of the current situation of domestic and international smart phone patent operation and operational risk,this paper puts forward specific operational recommendations.It is suggested that our country should adhere to the study of foreign experience and take the current industry situation into account,promote the development of the legal and system construction.In the legal system,we should apply different laws and regulations to the patent infringement and indirect infringement.On the basis of absorbing the mature ideas and technology of other countries,timely introduction of patent indirect infringement system.In the system construction,we should improve the intelligent mobile phone enterprise security operation ability,supplemented by the state administrative intervention,strengthen the platform,in order to break the monopoly,grasp the right to speak in the industry and safeguard national economic security and industrial security.