Research On Patent Litigation Behavior Of Non-practicing Entity

In recent years,the number of patent applications in China has always been at the forefront of the world,and non-patent implementation entities should emerge from time to time so that more patents are commercialized in the transaction process,which promotes the circulation of patent transactions and patent innovation.However,in the process of operation,the entity will have improper manifestations of litigation behavior,abuse of rights,malicious litigation and other negative effects such as disrupting the order of transactions.China’s research on the litigation behavior of non-patent enforcement subjects mostly exists at the theoretical level,non-patent enforcement entities are increasing in China,in order to prevent many drawbacks brought about by the increase of this subject,it is necessary to actively study and analyze the specific manifestations of the subject’s litigation behavior,and strengthen the analysis of the litigation behavior of local non-patent enforcement subjects.While ensuring the proper exercise of patent rights,it is necessary to prevent non-patent implementing entities from arbitrarily extorting money to seek improper benefits in litigation acts.This article is divided into the following five parts,the specific content of each part is as follows:The first part of the introduction: to clarify the background of the topic selection and the significance of the research,through the case to lead to the research problems of the article,while sorting out the current research status of the concept of the subject at home and abroad,litigation behavior.Through data analysis,the impact of non-patent implementation entities on the technological development of the industry in China and even other countries around the world is analyzed.The second part discusses the concept and classification of non-patent exploiting entities,distinguishes the nature of the subject’s conduct into two types: patent operation behavior and patent speculation,and further analyzes the speculative behavior of non-patent exploiting entities in litigation.The third part mainly analyzes how to characterize the patent litigation behavior of non-patent exploiting entities,that is,how to determine whether their acts are legitimate and legitimate rights protection acts,or patent abuses,or criminal acts that constitute extortion in criminal law.Specifically,it is carried out from the manifestation of the degree of bad faith,that is,the non-patent exploiting entity has abused its rights in the litigation procedure,such as indiscriminately issuing warning letters,applying for injunctions,and filing patent infringement lawsuits on a large scale to claim high compensation.The fourth part is to draw on the behavioral measures and experience of non-patent enforcement entities outside the territory,and to analyze the current legal regulatory measures in China.The fifth part combines the experience and measures of non-patent exploitation entities in litigation outside the region,and analyzes and proposes regulatory paths for specific problems arising from the litigation of non-patent exploitation entities from the perspective of improving the patent law,strengthening the substantive legal system and the legal law intervention.