| Patent,which is a legal exclusivity in the market of inventions,is not only a universally recognized civil right,but also an important marketing resource because of its legal monopoly in technology market.With the development of knowledge,increasingly complexity of technology and rapidly increased number of patents,there are more and more activities of patent licensing and transferring among enterprises which have promoted establishment and development of patent trading market.Some emerging operating entities are entering the market.They are no longer engaged in traditional production or operation.However,based on achieved patents,they are able to get profit by patent licensing and patent litigation which could be called as Patent Troll or None Practicing Entities.In past decades,American has suffered an explosion of patent litigation,the whole society has formed heated debate situation.July 2013,the US government released the special report which showed the attitude of containing this phenomenon.In this case,it is necessary to comprehensively research the issue of patent troll based on patent system.This essay analyses from the patent troll phenomenon and its typical cases,the background of the US patent troll and some parties’ solutions,legal analysis of the patent trolls and the rational attitude in our country.Specifically,the following five parts will discuss more.Firstly,in this part,it describes the number,fee and three typical cases of patent litigation in US.And it reveals its behaviors and positive and negative effects.On this basis,it shows that why US government criticize patent troll.On the other hand,it analyses reasons of GAO supporting and arguing for patent troll.Secondly,it thoroughly analyses the background of patent troll which is included in background of political culture,economy,system and patent troll itself.It regards that US citizens have deep understanding of intellectual property rights.Patent rights have a close relationship with economy.We found US patent policies,the impact of Bayh Dole Act,US patent law which is included in widely patentable topics,lenient licensing standards and so on.All have composed the foundation of patent troll.Thirdly,this part introduces the solutions of some parties in US against patent troll.The initiatives of industry,government,congress and judicial department show its determination and effort to curb patent troll.Taking into account the different attitudes to patent troll in different sectors and the US tradition of case law,it points out that the right way to deal with patent troll is judicial activism.The fourth part analyses patent troll’s operated normal profit-seeking behavior and malicious threats of patent litigation.We admitted that the United States and China under the premise of different national conditions.Based on this,it judges whether patent troll will constitute patent misuse or illegal monopoly behavior.Furthermore,it describes patent troll’s complicated relationship with innovation.Finally,it analyses from the era background that our process of economic globalization,patent system in our country perfect gradually and patent troll influence our country market constantly.At present,considering patent troll as a new business model have the positive role of cultivating our transaction market,we put forward rational thinking towards it. |
