Legal Regulation Of Malicious Patent Litigation

Patent litigation is an important means of resolving patent disputes,but the emergence of malicious litigation has caused extremely bad effects on judicial organs and even society.Patent malicious litigation refers to the act of filing a patent lawsuit in the court by the perpetrator knowing that his request has no factual and legal basis.Malicious patent litigation comes from the greed deep in the heart of the perpetrator.The lack of examination mechanism and insufficient examination ability under the current judicial model make the perpetrator maliciously enter the field of patent litigation,and the minor legal consequences make the behavior repeatedly banned.To deal with malicious patent litigation,on the one hand,it is necessary to prevent the perpetrators from entering the litigation field in bad faith,such as adjusting the authorization examination mode of utility models and designs,reducing the number of low-quality patents by raising the threshold;enhancing the information exchange between the court and the patent administration department,To reduce the difficulty of identifying the malicious actors.On the other hand,to increase the intensity of punishment for malicious activists of patent litigation,including the establishment of disciplinary measures in the field of procedural law,standardize and expand the scope of infringement liability of malicious actor of patent malicious litigation,and hold accountability for violations of the criminal law.By means of these two levels,it is more difficult to enter the litigation process in bad faith,and the punishment for the perpetrators of malicious patent litigation will be increased.In cooperation with the publicity of the law,it is hoped that the effect of deterring malicious litigation will be achieved.