Effects And Regulations On PAEs By U.S. Patent System

In recent years, with the sustainable development of technology and growing number of patent applications, numerous Non-Practicing Entities(NPEs) are founded in many countries, providing trading platform for patentees and patent users which can facilitate technology transfer, but as the non-benign derivative of NPE, the Patent Assertion Entities(PAEs) take advantage of patents to get profit. PAEs do not engage in R&D, wantonly purchase patents and abuse patent litigation, they threats the productive enterprises with the holding patent rights to get an enormous sum of license fee and compensation. The appearance of PAEs contrary to the original intention of the establishment of the patent rights, hinder the development of technology and innovation. The problems of PAEs' indiscriminate litigation have become a global problem.As the world's leading scientific and technological power, United States has millions of patents,it makes the problems of PAEs in U.S. become more and more stronger, and there is a trend that is towards to China. The inseparable relation of the emergence and development of PAEs and U.S. special patented legal environment, making the reform of U.S. patent system urgently needed.Research of U.S. development status and the latest action taken by the U.S. can provide us with important references and inspiration.To protect our country's independent innovation achievements, we should develop a reasonable patent indemnification policy, balance Antitrust Laws and SEPs(Standards Essential Patents), improve the quality of patent examination, promote the information of patentees transparently and regulating the technology transference standards and examination processes.