Theory In The Abuse Of Technology Standard Patent By Broadcom V. Qualcomm

This Article is about technical standard patent abuse in the communications industry based on Broadcom v. Qualcomm series cases.The patent abuse phenomena are mainly divided into three categories. During technical standards making process, some patent holder conceal patent or join unnecessary patent. In technical standards implementation process, patent abuse performance is boycott necessary patent, unnecessary restrictions during patent license, etc. In the patent infringement law enforcement field, the patentee mention malicious lawsuits and abuse of customs supervision. when patentee know the behavior of infringement, they don't filed a lawsuit until the enterprise have to use patent The main way of solving problems is establishing patent disclosure system and compulsory licensing system, litigation limitation system. We can administrate organs who abuse the patent. according to certain objective conditions obtained from patent to not authorized by the patent certificate issued by a third party.Still have a kind of typical tort law enforcement field the abuse of patent right for abuse of customs supervision program performance by the custom impound, intent on said that competition, so as to achieve their default illegal purposes. A phenomenon of the abuse of the patent right is delaying lawsuit in the field of infringement and law enforcement. That is to say, the patentee knows some actions or behaviors of the infringer originally. However, they do not start lawsuit until the infringing enterprise develops to a huge level that they have to use patentees'patent. Then, patentees take advantage of infringing enterprise by a large amount of patent fee. The other phenomenon is malicious prosecution, which the patentee knows no intentional or willful torts happening to them originally, but they start a false lawsuit to damage the reputation of other competitors and reduce the level of their social evaluation. The third typical phenomenon of the abuse of the patent right is the abuse of regulatory customs procedures in the field of infringement and law enforcement. Its aim is to result competitors breaking a contract by the detention of customs, then the gainers will achieve their illegal success. The final part of this paper discusses our country enterprise how to face to the abuse of patent technology standard, including three points:local enterprise innovation, further improvement of the legal system and government's guide and supervising.