Research On The Legal Regulation Of The Subject Of Patent Troll

Patent Troll originated in the United States,and gradually spread to other countries and regions in the world,and the influence continued to expand.PAE don't produce or sell products,to obtain patents by speculation,and then to acquire huge amount of tort damages or patent licensing fees through patent infringement litigation.In 90 s,the United States patent application environment was loose,and the cost of the accused was high,which led to the spread of Patent Troll in the United States.This kind of behavior challenges the patent system,destroys the legislative purpose of the patent law,hinders the innovation of science and technology,and destroys the fair competition,which is very harmful.The countries that are infringed by the PAE have taken measures to regulate them.The United States has implemented five administrative measures and seven legislative opinions.The relevant intellectual property companies in Korea and Japan have resisted,supported by policy support and funding,and have achieved good results.With the continuous development of globalization,Chinese enterprises are playing a more and more important role in the world stage,but at the same time,they also attract the attention of the PAE.Therefore,it is necessary to analyze and discuss the Patent Troll in an all-round way,and to study how to prevent and regulate Patent Troll so as to protect the interests of Chinese enterprises,so as to achieve the goal of building an innovative country and ensuring China's economic development.China's related provisions in the patent law and the antimonopoly law also involve this problem,but in general,there are many problems,and there are many problems in the field of judicial practice.On the basis of the experience of foreign countries and on the basis of our own national conditions,this paper puts forward the corresponding proposals from the legislative and judicial aspects.The legislative proposals include: improving the standard of patent examination,perfecting the system of compulsory license,establishing the system of punishment and perfecting the system of legal regulation.The judicial suggestions include: the strict examination of the conditions of patent litigation,the careful use of the termination of the infringement judgment,and the careful handling of the claim for damages for the infringement of patent infringement.