| Patent operation is an economic activity based on the property attributes of patent rights.With the continuous development of the economy and society,many new patent implementation methods have emerged.Non-practicing patent entities that do not use technology of patent have emerged at the historic moment.The concept of NPE was first proposed at the legal level in 2003.Since NPE has initiated many patent infringement lawsuits,most people believe that all NPEs are "patent trolls" who frequently initiate lawsuits for profit.Therefore,the public has misunderstandings about NPE’s patent operation activities.Among them,there are two most prominent problems.One It is because of prejudice that NPE is restricted as a patentee in the legitimate exercise of patent rights,which is manifested by the public’s misunderstanding of the concept of NPE,resulting in a large number of negative public opinions that hinder the normal operation of NPE;second,there is indeed abuse of NPE Phenomenon of patent rights,such as frequent patent litigation and monopoly issues arising from patent aggregation,so the outstanding issues concerning NPE operating activities need to be resolved urgently.Non-patent implementers are born in the United States with developed intellectual property systems.Foreign scholars have studied non-patent implementers of different operating modes,analyzed patent investment,patent operations,profit models,etc.,and discussed their activities and intellectual property systems.The connection and conflicts between the two parties were analyzed and analyzed for patent infringement lawsuits initiated by non-patent enforcement bodies,including the amount of compensation,defendants,and technical fields.In addition,they also compared the patent litigation filed by patent enforcement bodies.Out of NPE’s litigation tendency and law.This shows that the United States has taken NPE as a mature subject for analysis and research,and its status in the field of intellectual property cannot be underestimated.The well-known American NPE Gaozhi Invention Company has already entered the Chinese market,and has cooperated with universities.In recent years,there have been many domestic and foreign NPEs that haveinitiated patent litigation against patent enforcement bodies in China,and scholars have also discussed the regulation of "patent rogues".There is an analysis of the normal operating activities of NPE,and the research on NPE is too one-sided,which is not conducive to the development of the patent system.This article analyze the two prominent problems facing NPE patent operations,starting from the analysis of the generation and classification of non-patent implementing entities,proposing their existing problems from the current status of NPE operations,and analyzing NPE Jurisprudential basis and economic support for patent operation,discussing the legal and economic factors affecting NPE patent operation,combined with foreign experience in regulating NPE,and combined with China’s actual situation from the system structure and the provisions of the current patent law and antitrust law suggestions for improvement. |
