Preliminary Study On Restrictions On The Patent Right From The Perspective Of Occupancy

Many companies suffered a lot of patent infringement lawsuits in the internationalization of the process,including infringement lawsuit filed by the Patent Troll.However,on the current environment for our domestic,Patent Troll is very strange.China’s enterprises in entering foreign markets was the Patent Troll initiated patent infringement litigation continues to increase,the enterprise has brought huge losses.After the causes of Patent Troll analyzed,both the permanent injunction issued from the point of view or from the claims of uncertain interpretation,Patent Troll generation are due to the expansion of the scope of patent claims caused.Therefore,the need for restrictions on patent rights,in turn demonstrates the rationality of patent restrictions.However,when looking for the right way of patent restrictions,due to the uncertainty inherent in patent reasons,it is difficult to find a solution from the patent system itself.Next,the author of the tenure system applicable to patent restrictions feasibility analyzes.I believe that,regardless of the tenure system is worth learning from both theory and specific institutional patent restrictions.On this basis,the author proposes a reference to limit the tenure system for patent system design and arrangement.I hope this article initiate,lead to more discussion on how to draw tenure system of patent restrictions.The first part analyzed the current situation and the causes of Patent Troll.In this part of the Patent Troll define the semantics and behavior,and to analyze the current status quo of patent litigation filed Patent Troll.Next,the introduction of a classic case of litigation Patent Troll,the analysis of the causes of Patent Troll.I found that strong patent protection for the uncertainty and the boundaries of the patent itself,leading to the right people the right to use the franchise expansion.And precisely because of the expansion of this right,to businesses and to the use of patented technology has brought great impact.Therefore,in the following discussion I will perspective how to patent restrictions.The second part analyzed the reasonableness of patent restrictions,namely the need to limit the patent.First,at the theoretical level,the rights need to be restricted.Exist without the unrestricted rights must be accompanied by restrictions of rights.Secondly,on the institutional level,due to the complexity and content of the patent rights of the boundary uncertainty must be limited to patent rights,the rights of people to avoid the use of the patent system itself features for abuse of rights.Finally,on the empirical level,do not confirm infringement complaint also reflects the need to limit the practice of patent the idea of consensus.The third section discusses the introduction of the patent system to limit the possession,including a discussion of why the introduction of tenure system,the introduction of patent restrictions on possession system is feasible.Because the patent system itself is reason to explain the uncertainty of patent claims,with a specification of the claims may be due to different interpretation lead to different scope of rights,thereby affecting the determination of whether or not the third party infringement.It occupies an established system of ownership rights to be determined,to determine what is yours,what’s mine.On this level,the introduction of restrictions on the possession of the patent system is meaningful.Then,the author analyzes the feasibility of introducing further tenure system for patent restrictions,including institutional and theoretical feasibility.The fourth part in the foundation of previous part to continue the discussion of specific institutional reconfiguration problem:how to use the patent system to limit tenure system for the design and reconstruction.When restrictions on the rights of the patent system to reconstruct the possession of the relevant system can’t be applied mechanically,but should work on the basis of reference in order to provide new ideas to patent restrictions,opening up new paths.