Research On Legal Regulation Of The Abuse Of Patent Trolls

Patent Trolls arose in the United States,where the patent market has been growing and causing no small harm.With the development of economic globalization in the century and frequent exchanges between countries,patent trolls,as the subject of abuse of patent litigation rights,have gradually spread to various countries.After China’s accession to WTO,the economic connection with world was becoming closer and closer.Although patent roach harassment is relatively rare nowadays,many Chinese companies developing international business have been attacked by patent roach,international patent roach companies have been invading our patent market gradually,and buried hidden dangers for the economic development of our country.At the same time,some domestic companies have been inspired by foreign patent cockroaches,and there have been a number of original patent cockroach companies.Patent cockroaches themselves participate in industrial research and development and production,do not implement patents,but attack or threaten the target enterprises in the way of litigation,in order to obtain a large number of licensing fees,compensation or settlement fees,causing great damage to the normal market economic order,industrial development and innovation environment.Faced with the patent cockroach problem,our country is bound to actively respond to,and prepare relevant regulatory measures in advance.In order to regulate patent cockroach,it is necessary to understand its connotation and behavior characteristics.Therefore,the first chapter of this paper starts with the accurate definition of the subject of patent abuse litigation right--"patent cockroach",distinguishes the three patent entities,and finally defines the nature of patent cockroach,and analyzes its behavior characteristics,which lays a theoretical foundation for targeted regulation.Only by knowing yourself and your enemy can you win every battle.The second chapter of this paper analyzes the current situation and existing problems of patent cockroach,analyzes the three most powerful weapons of patent cockroach from the Patent Law,the Antimonopoly Law and the Anti-unfair Competition Law,finds the relevant clauses regulating the behavior of patent cockroach,and analyzes the shortcomings of the clauses.As the United States is the birthplace of the patent cockroach problem and the disaster area,the American government attaches great importance to the patent cockroach problem and has introduced a series of policies and regulations to regulate the patent cockroach problem.Meanwhile,South Korea also takes precautions against the patent cockroach and takes positive action strategies,which has a strong reference significance for the regulation measures in our country.Therefore,the third chapter analyzes the regulation measures of the United States and South Korea,and summarizes their experience and lessons for our country.Finally,in the fourth chapter,against the current economic development and patent market situation of our country,from substantive law,procedural law to administrative system and government policy five aspects of laws and regulations are put forward.We need to perfect the infringement of patent cockroach stop system,accurately define the behavior and nature of patent cockroach,improve the patent review standard and follow-up.In terms of procedure law,we will improve the standards of patent prosecution and clarify the qualification of litigation subjects,perfect regulation measures and punitive provisions on patent cockroach behavior,and actively deal with the problem of patent cockroach,so as to provide protection for our socialist modernization.