The Legitimacy Of NPE Patent Operation And Its Legal Regulation

With the evolution of intellectual property economic globalization,the competition in the intellectual property industry is becoming increasingly fierce.Patent right constitutes an important part of intellectual property,and the patent market economy promotes the production and commercial operation of enterprises.Patent operation activities promote patent assets to play the maximum value by using market-oriented operation means to manage patent rights.Patent operation is an inevitable product under the background of economic globalization,and also an important means to give full play to patent resources.The ways of patent operation are diverse,and patent purchase,transfer,licensing,alliance,financing and litigation are common behavioral patterns of patent operation.Patent operation enables enterprises to obtain absolute market competitive advantage by maximizing patent value.NPE(Non-practicing Entity),the full name of non-patent implementation entities,which do not implement patents,is the patent holder who profit from patent operation activities.NPE first appeared in the United States,and they obtained huge compensation or settlement by suing enterprises that violated their patent rights.In the context of the American patent revolution,NPE is increasingly active in the patent trading market,the scale of NPE continues to expand,breeding many abuse of patent rights to plunder wealth of NPE patent operations.This not only damages the interests of manufacturing enterprises,inhibits the innovation vitality of patent technology,but also hinders the operation of patent legal mechanism,which is the improper operation of NPE patent.The patent system provides legal protection for NPE patent operation,standardizes the patent trading market,and provides innovation power for patentees,and promotes the growth of enterprise productivity.NPE patent operation activities can not be separated from the regulation of law,through the use of law to regulate NPE patent operation behavior,can not only combat the abuse of patent rights to initiate patent litigation NPE,but also can provide policy guidance for modern NPE patent operation activities,which has an important positive effect on the creation,application,protection and management of NPE patent operation.This paper focuses on NPE patent operation activities as the research object,through the study of related NPE patent operation activities inside and outside the domain,and analyzes the positive and negative aspects of NPE patent operation,and finally puts forward the corresponding legal mechanism to deal with the improper behavior of NPE patent operation and promote patent innovation.The full text is mainly divided into abstract,introduction,text,conclusion,thanks,the text consists of five parts.the first part explores the emergence and development of NPE phenomenon,the background of NPE,the origin of NPE concept,the development of NPE phenomenon and the main mode of NPE patent operation are analyzed,the basic concept of NPE patent operation is clarified,the concept of NPE patent operation is preliminarily evaluated,the main body of NPE patent operation is defined and its main operation mode is listed.The second part analyzes the legitimacy and positive effects of NPE patent operation,expounds the legal basis and positive effects of NPE patent operation,and describes the necessity and legitimacy of NPE patent operation from the perspective of legal basis.The third part explores the legal problems of NPE patent operation activities,lists the manifestations of NPE patent improper operation,and expounds the harm of NPE patent improper operation.The fourth part through the description of the main patent operation activities in the United States,Britain,France,Japan and South Korea,analyzes the legal countermeasures of extraterritorial regulation of NPE patent operation misconduct.The fifth part puts forward the legal countermeasures of China to deal with NPE patent operation misconduct from three aspects of legislation,justice and administration.