Research On Legal Regulation Of Patent Concentration In Corporate M&A

With the establishment and consolidation of patent status in China,the economic value of single patent has far exceeded the enterprise's expectation of return on R&D investment and its strategic layout based on patent derivatives.Based on the strong promotion of China's intellectual property strategy,both R&D and production high-tech enterprises and NPE(Non-Practicing Entities)institutions focused on investing and operating patents have begun to think and practice the comprehensive utilization of patents in multiple ways.Through centralized management and management of target patents for M&A,enterprises try to obtain the maximum degree of monopoly interests by concentrating many patents and forming clustered patent collections within the granted patent rights.Due to the diversity and complexity of the patent operation system,there is currently no specific law or regulation that specifies the method for patent concentration.Based on the background of M&A,the connotation of patent rights,the patent concentration as the research object,and the empirical analysis and theoretical comparison as the methods,the article attempts to illustrate the concept,characteristics and application of patent concentration by comparing the different ways of patent operation.Analysis of the status quo and issues of the application of patent concentration,reflections on issues such as the application boundary of patent collections and the protection of public interests,taking China's current laws and regulations as the basis,international treaties as guidelines,and domestic and foreign judgments as logical references to engage in pre-prevention and post-event Punishment is the direction to establish a legal framework for the regulation of patents to supervise enterprises to regulate the use of patents,protect normal business activities in the field of patents,and maintain a fair market transaction order.This article includes the following four aspects:The first part is introduction.In the context of M&A between high-tech enterprises,the reasons for the patent concentration in M&A are introduced.Combining the theoretical research of domestic scholars,this paper summarizes the research status of patent concentration and makes a brief description of the research methods of this article.The second part is a basic overview of patent concentration.Combined with the context of M&A,the concept,features and classification of patents are explained.The differences in the four concepts of patent concentration,patent pool,patent thicket,and patent union are analyzed,and the two typical operating modes in which the patent is concentrated in the enterprise patent strategy are introduced.The third part is the status quo,problems and reflections of the centralized application of patents in mergers and acquisitions.Analyzing the objective existence of patent concentration from the company,market,and technology level,revealing the concentration status of patents formed after mergers and acquisitions,and the problems caused by the application of patents,and how to balance interests between patent applications and the protection of public interests.Making relevent reflections.The fourth part is the research on the legal regulation of patent concentration.In combination with the introduction and analysis of patent concentration in M&A in the above-mentioned sections,and from the three aspects of patent law,anti-monopoly law,and international treaties,we will try to build a more reasonable regulatory framework to protect the patent concentration of enterprises.Compliance operations can also prevent companies from disrupting the normal market competition order through patent concentration.