The Regulation Of Patent Troll

Patent speculation comes into being under the background of the rapid development of science and technology,the continuous maturity and perfection of market economy and the increasing consciousness of rights.Patent speculation is typical institutional speculation.It refers to the practice of some enterprises,social organizations and individuals to collect patents by means of purchasing patents or purchasing bankrupt enterprises,but they do not implement patented technologies themselves,but threaten to pay high licensing fees or tort damages or settlements to the enterprises that use their patented technologies without permission through patent infringement litigation.Its influence has two sides:on the one hand,the appearance of patent speculation improves the liquidity of patent market,promotes the application of patent technology,and provides some enterprises with litigation defense function;on the other hand,due to the main purpose of the implementation of patent speculation enterprise took the form of abuse of patent right for economic gain.So the appearance of patent speculation will inevitably disturb the market order and damage the social and public interests,seriously hinder the improvement of social innovation ability,and lead to patent examination and judicial resources waste of resources.Therefore,it is of practical significance to study how to regulate the negative effects of patent speculation.In recent years,China's independent innovation capacity has been continuously improved,with a large number of innovative products and patented technologies.By the end of 2017,the cumulative number of invention patents in China had reached 1.356 million.Therefore,with the emergence of a large number of patented technologies,more and more enterprises take the form of speculation in obtaining a large number of patented technologies using litigation blackmail and other means for their own interests.As the patent speculation is a new problem in the development of intellectual property system,there are still many deficiencies in the legislation and judicature in regulating patent speculation.Patent speculation first appeared in European and American countries where the development of intellectual property is relatively perfect.However,with the increasingly fierce patent speculation,European and American countries have taken strict measures to actively regulate the behavior.As a developed country with a relatively sound patent system,the United States regulates patent speculation by enacting laws,issuing legislation and judicial recommendations.On the basis of the application of the German civil code,Germany USES the abuse of patent rights to regulate patent speculation.South Korea,based on its own national conditions,sets up private institutions for intellectual property protection through governmental policy support or financial support to regulate the development of patent speculation from the source.Our country is facing the patent speculation,it is necessary to draw lessons from the mature experience of the United States,Germany and South Korea,combined with our country national condition,from the level of legal changes,on the basis of analyzing the specific legislation and judicial practice in our country,to explore the related legal system should be how to change in response to a patent side effects brought by the speculation.In the aspect of regulating patent speculation,the main article proposes specific Suggestions from the following aspects.Firstly,from the Angle of legislation to strengthen the regulation of patent speculation,including perfecting the correlative stipulation in the patent examination guide,perfect the system of patent compulsory licensing in the patent law,perfecting the patent law of the patent infringement damage compensation system,perfecting the legislation,abuse of intellectual property rights in the standard of a monopoly.The second is to strengthen the regulation of patent speculation from the judicial perspective,including limiting the subject qualification of patent litigation,clarifying the relevant rights and obligations of the court,and restricting the application of the right to stop infringement.