Research On Legal Regulation Of Patent Malicious Litigation

In recent years,the country's emphasis on and promotion of the intellectual property system has awakened citizens' awareness of patent rights.The other extreme of right exercise is the abuse of rights.In order to maximize the benefits,some patent holders have begun to use loopholes in the relevant legal system to attack competitors by filing malicious patent litigation.In practice,malicious patent litigation behaviors that use malicious patent applications or use problematic patents and resort to legitimate litigation procedures to achieve illegitimate purposes.Patent malicious litigation not only seriously violates the principle of good faith,wastes judicial resources,but also disrupts the normal market economic order and damages the legitimate rights and interests of the parties,so it should be paid attention to and regulated reasonably.However,China's basic content such as the meaning,constituent elements,and determination criteria of malicious patent litigation have not been directly and concretely expressed and regulated in the current law,which has led to various courts in China currently handling such cases.There are a lot of differences in judicial practice due to the unclear standard of processing standards.Intellectual property cases concluded in recent years have generally shown a trend of rapid growth.The number of IP cases concluded in courts nationwide in 2019 has increased fourfold compared to the number of cases concluded in 2013.Considering the serious harm of this kind of behavior and the current status of China's legal regulations,it is necessary for us to conduct an in-depth study on the criteria for identifying this type of behavior and reasonably regulate it at this stage.There are four parts in the main body of this article.Through analysis of several typical cases,this leads to thinking about malicious patent litigation.The first chapter analyzes the concept of malicious patent litigation from theperspective of jurisprudence,distinguishes malicious patent litigation from related concepts and summarizes its characteristics.Then,by exploring the types and manifestations of malicious patent litigation,the reasons for its formation are analyzed.Chapter 2 introduces the current problems of China's patent malicious litigation regulation in light of China's actual situation,and finds that the most important aspects are the gaps and deficiencies in legal regulation,including the characteristics of the patent system,which makes the determination of litigation more difficult,and the academic circles recognize the existence Disagreements,inadequate pre-trial review procedures,inadequate damage compensation to victims and other procedural issues.Chapter 3compares the relevant provisions of the patent malicious litigation system in foreign laws,summarizes the foreign legal regulatory approaches,and explores the corresponding system suitable for China.Finally,Chapter 4 puts forward suggestions to improve the legal regulation of patent malicious litigation in response to the problems in Chapter 2.It is hoped that through the study of malicious patent litigation,this article will play a small role in promoting judicial issues in dealing with malicious litigation involving the use of patent rights.