Research On Patent Regulation System Of PAE Patent Operation

In the new era of rapid development of science and technology,the patent system will show its lag if it is not updated in time.The Patent Assertion Entity(PAE)is a product of this phenomenon.PAE is a complex and contradictory combination of multiple labels that generate huge revenues through patent operations.The academic circles generally hold a critical attitude towards the patent operation of PAE,but Hegel once said,being is being reasonable.The legitimacy of PAE's patent operation and its positive effects can be analyzed by theory of natural rights.However,the two restrictive conditions of the labor theory of property right and the interpretation of the theory of balance of interests make it clear that it is necessary to regulate it.Overall,PAE has done more harm than good.The patent market in the United States is mature,with a variety of patent-related entities,and the United States is constantly updating its laws and regulations to regulate the undesirable conduct of PAE patent operations.Along with our country intellectual property rights strong protection policy unceasing promulgation,it is easy to face the invasion of foreign PAE and the rise of native PAE based on the huge patent market.Therefore,China should follow the example of the United States and make proactive plans to avoid repeating the same mistakes and make PAE patent operation more profitable and less harmful.This paper applies the case analysis method to interpret the specific measures to regulate PAE in the United States,combines the specific situation of our country and the patent law system,and uses the comparative analysis method to find out the merits and needs of the current patent law system in our country.This paper establishes the principle of non-abuse of rights,balance of interests and good faith,and puts forward concrete measures to regulate the bad behavior of PAE patent operation.It is recommended to improve the conditions for patent infringement disputes or the conditions for prosecution to constrain the PAE malicious litigation and ensure that the defendant can obtain reasonable compensation after winning the case,improve the transparency of patent information so that the patent information between PAE and the operating entity is symmetrical,and improve the patent examination system to improve the quality of patents,calculate the infringement damages reasonably to reduce the punitive damages,and improve the system of compulsory licensing of patents to improve the legitimacy and efficiency of PAE related cases,thus,PAE's patent operation will develop positively towards the legislative purpose of patent law under the correct guidance.