Research On The "Submarine" Patent And Its Strategies

"Submarine" Patent is a patent censorship system to avoid patent search,highly latent and aggressive patents.Once the patent is used by individuals or enterprises to crack down on competitors,it often gets a huge patent license fee or patent infringement compensation,or even the loss of market space,so it is very important to research for the "Submarine" Patent.The significance of the study is that,firstly,the analysis of the concept and characteristics of the "Submarine" Patent is of great significance to perfect the theory of patent application,secondly,the analysis of the advantages and disadvantages of the "Submarine" Patent is of practical significance to improve the ability of patent application,thirdly,the analysis of the nature of"Submarine" Patent is beneficial to the status of patent application in patent.By studying the formation,current situation,relevant cases and countermeasures of "Submarine" Patent,this paper combines the recent problems caused by the"Submarine" Patent in our country and obtains the correct application of "Submarine"Patent method and defensive measures.The full text is divided into five chapters.The chapter 1 defines and analyzes the concept,content and characteristics of the"Submarine" Patent.Distinguishing the similarities and differences between the user of "Submarine" Patents and NPEs and Patent Troll;this paper expounds the formation and actuality of the "Submarine" Patent.The chapter 2 analyzes the positive role of "Submarine" Patent from three aspects,such as patent examination system,patent risk and the competitive advantage of enterprises.The chapter 3 analyzes the negative effects of the "Submarine" Patent on technology innovation,such as the technology spread and the cost of patent use.The chapter 4 analyzes the relevant cases of "Submarine" Patents at home and abroad,sums up the similarities and differences between domestic and foreign case judgments and concludes.The chapter 5,according to the similarities and differences of the relevant case judgments and the results,the author puts forward some suggestions on the proper use and defense of "Submarine" Patent.