The Abuse Of Patent Rights And Its Legal Regulation Of Non-practicing Entities (NPE) Under The Patent Operation Strategy

Under the background of knowledge economy era,the patent system has made great contribution to the development of human society as a tool to promote the progress of science and technology and economic and social development.However,the patent system in the role of progress,but also gave birth to a number of controversial subjects.Non-practicing entities(NPE)is a kind of patent operation subject,which is based on the patent system,which has been developed from generation to development.The controversies is that NPE's patent operation strategy is to rely on the patent right exercise to seek development,the exercise of the right of patent is undisputed legitimate exercise of rights,but due to the NPE's "non production” characteristics of the subject,making its patent right exercise there may abuse.Although our country NPE is just emerging into one perspective is due to in recent years,China's enterprises by foreign NPE harassment,but China's current situation of patent and patent operation service system for NPE growth provides a good environment,so NPE crisis will be here at any moment.Therefore,research and defense in the stage ready to is necessary.As NPE produced earlier,the development of the more mature countries,the United States in the NPE's response has many years of experience,related systems(such as permanent injunction)have been used to have a more standardized standard to follow,so our country in the regulation of NPE experience can learn from the United States.The research content of this paper is: the first part mainly analyzes the background of NPE and the research situation at home and abroad;the second part mainly defines the concept and types of NPE,and determines the type of the paper is the attack type NPE;the third part is the legal attribute analysis of NPE operation strategy,and the operation strategy of NPE,and the legal nature of the patent right to exercise;the fourth part is about the summary and analysis of the permanent injunction system in American judicial practice,and the effect of prohibition order;the fifth part is about the application of thesystem.the sixth part is a summary of the article.