| With the progress of patent technology,the protection of patent rights by law is increasing day by day.There is an organization called NPES in the world,which owns a lot of patent technology but does not use these patents to make products or provide services,but obtains a lot of profits through patent litigation or licensing.This kind of operation mode is beneficial to the society The economic development and the innovation of patent technology have made a huge impact.Therefore,it is necessary for us to make an in-depth and comprehensive analysis on the non implementing subject of patent.This paper is divided into five parts,the first part is the introduction of the background and significance of the research,the second part is the origin of the patent non implementing subject,the formation mechanism of the patent non implementing subject,the third part is the classification of the patent non implementing subject and summarizes the operation mechanism of the non implementing subject.The fourth part is based on the patent The role of non implementers in the patent market analyzes the positive and negative effects of non implementers,and points out the necessity of regulating non implementers.The fifth part discusses the regulatory role of competition law on non implementers respectively from the perspective of anti-monopoly law and anti unfair competition law combined with local patent abuse cases.The conclusion part is the summary of the whole paper,and puts forward some prospects for the phenomenon of patent non implementation subject in the future.There are advantages and disadvantages in the existence of patent non implementers,so it is imperative to increase research efforts and make use of the positive effects of patent non implementers on patent technology innovation to provide help for China’s patents. |