Research On The Legal Regulation Of Patent Laches

Patent laches is a typical behavior of the abuse of patent rights,it refers to the patentee know the existence of the infringement behavior,in order to obtain higher tort compensation for infringement behavior a laissez-faire attitude,waiting to be accused of infringement of the infringer's scale to a certain extent,tort litigation,claims,to obtain the high compensation.Patent laches violate the legislative purpose of patent law and need to be regulated by law.But no clear legal regulation on patent laches in China,some scholars point out that can be based on the principle of good faith in the basic principles of civil law,the limitation of time and system to regulate patent laches behavior,but difficult to specific apply in judicial practice,and to stop the infringing and damage compensation system of the statute of limitations on to determine the amount of regulation,not only can regulate patent laches,could also prompt patent laches.Therefore,faced with the increasing number of patent cases,our country most needs to speed up the enactment of the law.The body of this paper is divided into four parts.The first part starts from the meaning of patent laches to analyze its constitutive requirements and clarify the necessity of regulating patent laches.In the second part,this paper introduces the performance of patent laches in practice,and points out that China's existing principle of good faith and prescription system cannot effectively regulate patent laches,and at the same time,China lacks direct means of regulating patent laches,which will bring serious harm to China's economic development.In the third part,aiming at patent laches,the United States has clarified the defense system of regulating patent laches through implied license through three cases since the 1920s.Implied license is also known as implied license.Under certain circumstances,the patentee makes the alleged infringer produce a reasonable form of patent license by the behavior or silence of the patentee without explicit license.At the same time,the defense system of patent slack in Japan,Germany and France is introduced,and the useful experience of each country is analyzed.At present,disputes caused by patent laches occur frequently in practice,but there is no clear law to regulate them in China,which brings great challenges to judicial practice,which is also the motivation of this paper.In the fourth part,at the theoretical level,it states the constitutive requirements and legal effects of constructing the defense system of patent laches in China,and puts forward Suggestions on the revision of article 68 of patent law and relevant judicial interpretation.