Legal Regulation Of Patent Assertion Entity

With the industrial division of labor and economic development,the patent assertion entity's indiscriminate action in the economic operation has aroused widespread concern of many scholars at home and abroad.Patent assertion entity begins in the United States,which has a huge impact on the patent market and technological innovation in the United States.The problem that makes the United States hard to solve is beginning to spread all over the world.Many of the "going out" companies in China are hit by patent assertion entity,resulting in huge economic losses and waste of resources.Patents assertion entities have proprietary technology,but do not use patent technology for actual production,but rather to companies or individuals who actually use their patented technology.A patent infringement lawsuit is initiated or a patent license fee or a settlement fund is charged in a manner that threatens litigation.Recently,the high technology level of our country has developed rapidly and has huge domestic and international patent markets,which attaches great importance to the protection of intellectual property rights.The pace of scientific and technological progress and economic development in China cannot be hampering by such problems.In order to avoid the continued development of patent assertion entity and to affect the normal operation of the patent market,we should make theoretical preparations and regulations in advance.In addition to the introduction and conclusion,this thesis is divided into four chapters,including:The first chapter,on the basis of introducing the definition of patent assertion entity and indiscriminate action,we thoroughly explore the types of patent assertion entities and the characteristics of indiscriminate complaints,thus forming a preliminary understanding of patent assertion entities and their indiscriminate acts.The second chapter,discuss about the necessity and problems of the patent assertion entity.It is clear that the patent assertionthe harm and regulatory difficulties of the substantive indiscriminate action.The patent assertion entity problem is the result of the failure of the patent law itself,and the competition law consistent with its legislative purpose and complementary regulatory means can play a role.The analysis of the compatibility of the main body and the behavior of the competition law with the patent assertion entity abuse action provides a theoretical basis for the later regulation path.The third chapter,the patent assertion entity's indiscriminate litigation outside regulations.Through the analysis of relevant bills and policies promulgated by the United States and other countries,its regulatory mode can provide some enlightenment for China's regulation of the abuse of litigation.However,the specific national conditions of each country are different,and the experience of foreign regulation can not be copied directly.Meanwhile,the problems of the foreign regulation measures need our attention and reflection.The fourth chapter,China's specific proposals to regulate patent assertion entity.Through the above analysis of the difficulties,it puts forward appropriate regulatory proposals from two aspects of procedural law path and competition law path,hoping to provide a reference for China to solve the patent assertion entity abuse litigation.