Research On The Legal Regulation Of Patent Speculation By Non-practicing Entities

In order to maximize the value of patents,all countries are actively pursuing the patent operation system,that is,through Non-practicing Entities(Non-practicing Entities,NPEs)to license,transfer,pledge and other market behaviors of patents.However,with the continuous deepening of patent practice,NPEs have suffered undesirable variants-patent speculation.The purpose of this act of patent operation is not to promote technological transformation and advance technological progress,but to obtain high profits through litigation or threats of litigation.The patent speculation behavior of the Non-practicing Entities subjects first emerged in the United States in the 1990 s.The reason is that during this period,the United States implemented a “Pro-patent policy” in order to restore its own economy.However,with a series of reforms of the US patent system,the space for the growth of Non-practicing Entities patent speculation has gradually been squeezed.Therefore,in recent years,with the development of economic globalization,NPEs have also gradually spread to other countries.China is included.In recent years,Continuous exploration and practice in the field of punitive damages for patent infringement,and the improvement of the plaintiff’s success rate have made China as the hotbed of the NPEs.The emergence of patent speculation by NPEs is a new challenge encountered in my country’s legislation and judicial practice.Although China has issued the “Patent Law” and the “Anti-monopoly Law” to regulate the problems in patent practice,There are still unclear patent compulsory licensing systems,principled regulation of malicious patent litigation,the absence of the Anti-Unfair Competition Law,and the low standards of filing a case in the judicial field,as well as patent right confirmation and infringement litigation.“The Parallel system” is set up conflicts and low standards for withdrawal of litigation.Therefore,this article is based on the exploration of the characteristics,operating methods,regulatory necessity,harm and causes of patent speculative behaviors of Non-practicing Entities,based on the current status of China’s current imperfect legislation and judicial system,and draws on the “American Inventions Act”,The relevant provisions of the “Innovation Act” have established a countermeasure from multiple perspectives such as refining the patent compulsory licensing system,improving the relevant regulations on malicious litigation,improving the standards for patent litigation,improving the conflicts between patent confirmation and infringement litigation procedures,and strict patent withdrawal standards.The strategy of legal regulation of patent speculation by Non-practicing Entities in China.