Analysis On The Regulation Of Patent Troll

Innovation is an essential ingredient to socioeconomic growth.With the objective of keeping the technological framework booming,the patent system was created.Patent law ensures disclosure of invention and grants the inventor timed monopoly right to benefit the society.However,the patent system brought an entity abusing the patent right—patent troll.A patent troll is an entity that neither develops novel technologies nor uses those technologies to provide goods or services to the market.Such entities merely acquire patents with the sole purpose of licensing them aggressively or instituting lawsuits against infringers,adding no economic value.On the contrary,patent trolls stifle,discourage,and threaten innovation.Therefore,there is a need to curb such abusive practices to keep patent system on track.Patent troll originated in the United States.The U.S.government has created a storm of patent reform against patent troll,and the lawsuits filed by patent troll has reduced significantly.American patent trolls begin to seek opportunities overseas,which becomes a global issue.In 2016,Sony Mobile was sued to the Nanjing Intermediate People’s Court by Wireless Future Technologies,Inc.,a subsidiary of a well-known foreign patent troll,Wi-LAN,which marks that foreign patent troll began to target China,a newly emerging market economy powerhouse.Since then,several lawsuits filed by patent trolls have appeared in China,many of whom are domestic.With suitable condition for the breeding of patent troll,China will attract more and more foreign patent trolls.Besides,more domestic patent trolls will emerge.China may become the next hub for patent troll.In the enlightenment of successful measure against patent troll taken by the U.S.,China should learn not only the experiences,but also the reason contributing for patent troll.This article highlights the measure that have been taken by the U.S.and South Korea to curb the practice of patent trolls,and puts forward some suggestions on the regulation of patent troll according to Chinese condition.