Patent Troll And Its Preventive Mrasures

Patent trolls are those intermediaries which abuse patent litigation right, making use of patents as the means and tools to deal with patent litigation or the threat of patent litigation towards high-tech enterprises. Such enterprises achieved notoriety in the United States, they do not engage in research, development, production and marketing of products, and they acquire patents from others not for technology transfer and transformation, but using them as litigation means and tools for the high-tech enterprises of patent litigation or litigation threats. So that they can obtain patent license fees. Patent trolls' litigation fields involve computer software, electronic communications and other fields. And the victims include the large companies in the United States, multinational enterprises and the small and medium-sized enterprises and start-ups, the companies which suffer infringement allegations have to spend a lot of money and time responding suits,and they are too busy to take into account the products research and development and products sales, some small and medium-sized enterprises and start-up companies are on the verge of collapse. Such Phenomena affect on employment, and seriously hinder innovation and intellectual property, innovation and economic development.To curb the phenomena of patent trolls abuse, suit the remedy to case for the patent trolls, change the whole patent environment and let patent trolls lose the dependence, the White House proposed seven administrative measures and seven corresponding legislative initiatives, now the patent system reform is quite effective, and the specific response measures are also well implemented. In Japan and South Korea, the governments provide national patent fund, policy support, financial support and other measures to encourage domestic patent licensing companies and prevent domestic patent flowing outside. Besides, the two countries also pay close attention to the countries'patent examining procedures and improve patent quality, eliminate producing worthless patents so that be used by patent trolls.Although there are no domestic patent trolls in current China, necessary preventive measures must be taken. This paper clarifies the patent troll and analyzes its connection with relevant concepts, and makes the classification, then discusses the causes, characteristics and influences of patent trolls. Next, as to the situation that the quality of patents in our country is not so high, and patent management system is also not perfect, we should learn from the United States, Japan and South Korea on how to deal with patent trolls. Finally, the last part explores our measures to deal with patent trolls. These measures are prepared for unforeseen patent trolls attack.