| "Patent troll" is a new word that was wildly talked around America in the 90’s of the last century.At present,it is generally used to refer to those who do not implement patents but to obtain returns through infringement litigation and negotiation.In the development progress of the theory,the academics’ point of view on it had changed from negative to neutral.But no matter what kind of view,they had a certainly negative impact on society.For this reason,all countries in the world have devoted to their attention,and China is no exception.If patent trolls were existed in our country,if there exists the infested soil for the patent troll,are the hot issues of our scholars.In this paper,the author tries to distinguish the behavior and body,patent trolls and patent operation entities.As the patent theory has developed so far,a viewpoint of the author is that patent operation is a stage has come.Patent trolls are the negative effects during the development process of patent operation technology which is because of the system lag and theoretical limitations in this field.In such background,what important is not concerning about what kind of enterprises is patent troll,but that thinking about the process of how patent operating legally and effectively promote the patent system.For other subjects of society,how to obtain patent operation benefits and avoiding the illegal infringement are the much more realistic issues in patent operation time.For other subjects,how benefit from patent operations,in the era of patent operations,while avoiding being violated,this issue is more realistic.The idea of this paper is to abstract the behavior which society considers to be inappropriate basing on analyzing the so-called "patent trolls" incident,and then use such acts as the object of this paper to discuss operating challenges during the age of patent operating in China.One of the highlight of this paper is that I make my own summary of the premise of the patent system,and the same time analysis it.I think the errors of the premise is the system reason of the emergence of the patent troll.The other one highlight is that I establish my own database through the method of keyword searching in variety of search engines.Then analysis the situation of China based on the database.Such kind of study avoid the inaccurate result which is case of the less of patent troll cases in our country.This paper combines of two blocks,one discusses the patent troll behavior and the nature of its operation,another analysis the status of patent operating in our country,also the challenges and opportunities in the times of patent operating.The first piece of the paper are chapter 1-3,this section analyzes the typical case of NPE,and differentiate the patent operation and the patent troll.By analyzing the patent troll behavior,judge the nature of the patent troll behavior.Second section is the 4th chapter of the paper,this section generalizes on China’s legislative system and analysis the present situation of patent and patent operation.Combined with the first section’s theory,I analysis the operational challenges and opportunities,the shortcomings and advantages in the period of patent operation. |
