Research On Legal Regulation Of Patent Troll

The new Patent Law has entered into force on June 1,2021 after deliberation.The new law not only makes major amendments in many aspects,but also greatly improves the protection of patent rights.However,the strengthening of patent protection is also easy to provide breeding ground for patent speculation,which requires more vigilance and regulation of patent speculation.Patent speculation,with the appearance of legitimate rights,uses the patent system to protect the rampant abuse of relevant rights and grab improper interests,which will increase social burden,waste of judicial and administrative resources,hinder technological innovation,damage public interests and other negative effects.It is worth noting that with the development of social economy and patent system,Chinese local patent speculation has begun to emerge.Although the harm of patent speculation is obvious,there are still many deficiencies in the legal regulation because China has not made enough targeted deployment to it.These deficiencies are mainly manifested in legislation: 1.The legal concepts related to patent speculation are not clear,which is difficult to meet the requirements of regulation;2.Imperfect legal system and limited regulatory role;3.Lack of targeted punishment system,unable to form a strong deterrent;4.There are defects in the pre-lawsuit preservation system of patent infringement cases,which are easy to be used by patent speculating subjects.The judicial deficiencies mainly include: 1.The review of the prosecution conditions of patent infringement cases is relatively loose,and the subject of patent speculation can abuse patent litigation;2.Excessive use of stop infringement judgments by courts in dealing with related cases may damage public interests;3.The calculation of damages in patent infringement cases is general,and a large number of statutory compensation and discretionary compensation clauses are applied.At present,China does not have enough rich local experience in regulating patent speculation,while the USA has issued a number of draft amendments to patent law in recent decades,which has achieved considerable results in curbing patent speculation,and has certain reference value.Based on Chinese legal system and reference to the relevant experience of the United States,this paper puts forward suggestions on the legal regulation of patent speculation in China from two legal dimensions of legislation and judicatory.In terms of legislation,the regulation suggestions are as follows: 1.The abuse of patent rights should be interpreted conceptually in subsequent legal amendments,and patent speculation and other abuse of patent rights should be included in abstract laws.2.Improve the main relevant laws and preliminarily form a legal system to regulate patent speculation;3.Establish a targeted punishment system to curb the spread of patent speculation;4.Improve the pre-litigation preservation system to regulate malicious applications.The judicial regulation suggestions are as follows: 1.Properly strict patent litigation conditions and set necessary thresholds;2.Taking into account social and public interests,judiciously apply the suspension of infringement judgments;3.Improve the accuracy of calculation of patent infringement damages.