Intellectual Property Law Analysis Of "Patent Troll"

The "Patent Troll" originated in the United States at the end of the 20 th century.There is no legally unified definition of "Patent Troll".As a gathering place for various types of high-tech patented technologies,the “Patent Troll” has a strong impact on the US patent market in recent years.With the progress of economic globalization and information sharing,the “Patent Troll” has infiltrated into other countries and regions.The existence of “Patent Troll” is inextricably linked to historical,practical and system causes.The concept of "Patent Troll" has not been included in China's patent law yet.At present,the theoretical circle,in accordance with the American practical law,adopts a negative attitude towards the study of "Patent Troll" and strives to eliminate this phenomenon.Actually,the “Patent Troll”behaviors do not violate the law,and we should also take note of the positive effects of this phenomenon while criticizing it.Therefore,when conducting the legal analysis of the “Patent Troll”,we should start from the actual policy environment and national condition,learn from the other countries' practice experience under the guidance of the guiding ideology and prohibit the abuse of patent rights.We should extend the conditions for enforcement of patent compulsory licenses,improve patent remedy system,strengthen patent reexamination system,increase patent information transparency and other provisions,establish a patent case pre-petition review system and plan and improve the patent system in a rational way.The “Patent Troll” should be arranged scientifically in order to suppress its destructiveness while encouraging its positive side.It is expected that in the future patent market,China will take precautions against such problems and create a favorable market and legal environment to build an innovative country.