Research On The Abuse Of Patent Rights And Legal Regulations By Non-patent Implementation Subjects

Under the background of knowledge economy era,the patent system has made great contribution to the development of human society as a tool to promote scientific and technological progress and economic and social development.However,the patent system has also produced some controversial patent rights subjects,such as Non-Practicing Entities(NPE).Due to the NPE is not aimed at the implementation of patents,it has been controversial from its generation to development.These disputes mainly revolve around the value of NPE main body,especially its patent abuse.The first thing to be sure is that NPE is a neutral subject,which is fundamentally different from Patent Troll.NPE regards patents as commodities that can be transferred,profits made from patent transactions,and its patent operation may be either legitimate business actions or speculative actions that abuse patent rights.In the process of measuring whether NPE behavior constitutes abuse,the emphasis of research is not the NPE legal entity,but whether its business model has impaired the realization of the functions of the patent legal system and hindered the development of technology,economy,and society.In addition,although the possibility of large-scale inappropriate NPE lawsuits in China in the short term is very low,based on China's huge patent market,it is likely to attract large-scale NPE lawsuits in some period in the future.Therefore,it is necessary to combine the legislative experience of foreign developed countries to improve the relevant legal systems so that it can maximum to curb the occurrence and spread ofNPE abuse of patent rights.The first chapter describes the general theory of NPE.On the basis of introducing the connotation and nature of NPE,the author explores the social effects of NPE behavior from the perspective of the beneficial influence and the negative influence of NPE.The second chapter deeply explores the abuse of NPE's patent rights.The first section analyzes the general theory of the abuse of NPE patent and carries out the case analysis.The second section lists three common NPE abuse patent behaviors.In the third section,according to the contents of the Patent Assertion Entity Activity,the NPE patent right abuse patterns are classified and differentiated.The third chapter analyzes the regulation of NPE in America.The first section summarizes the legislation regulation and judicial regulation of NPE from four aspects,including the regulation of prosecution conditions,the transfer of litigation costs,the improvement of the permanent ban system,and the regulation of claims.The second section introduces the American administrative regulation on NPE.The fourth chapter put forward the corresponding rationalization proposals on the basis of the previous discussion.First of all,the author analysis from the perspective of China's patent injunctive relief,patent litigation benefit,patent infringement and patent litigation time,the conclusion is drawn: At present,the possibility of large-scale inappropriate NPE lawsuits in China is very low.However,based on China's huge patent market,it is likely to attract large-scale NPE lawsuits in some period in the future.Then,two basic principles of regulating NPE are proposed--the principle of prudence and the principle of litigation cost regulation.Finally,the paper puts forward concrete improvements countermeasures from the perspective of procedural law and substantive law.It includes the establishment of the pre-litigation review mechanism,the improvement of the pre-patent injunction,the regulation of the infringement warning letter,the improvement of the anti-monopoly regulation,the improvement of the anti-unfair competition law and so on.