Application Of The Utilitarian Requirement In Patent Infringement Protection

With the in-depth advancement of the strategy of strengthening the country with intellectual property,the level of patent infringement protection has been further improved,and the level of patent transformation and application has also been improved.However,the current patent infringement protection system and measures still have some problems in the protection of patent infringement,such as insufficient protection of high-utility patent infringement,the breeding of patent cockroaches,and the increasing intrusion of non-enforceable patents that violate the requirements of patent practicality on patent enforcement,etc..An important reason for these problems is that my country applies the same level of infringement protection system and measures to different utility patents.Based on this,this paper takes the patent utility requirements as the standard,and discusses the different protection of different utility patents,in order to solve many problems existing under the same protection framework,and promote the level of patent infringement protection in my country to a new level.In order to put forward reasonable suggestions,this paper discusses the following five parts: patent utility and its requirements,practical considerations in the differential protection of patent infringement,the application of the practicality requirements in the US patent infringement protection,my country’s high-level protection measures for high-utility patent infringement and my country’s restrictive protection measures for non-enforceable patents.The first part is patent utility and its requirements.First,clarify the specific provisions of different countries on the practicality of patents,and draw the similarities and differences between my country’s provisions in this regard and those in other countries,and then analyze the industrial manufacturing requirements and positive effect requirements of patent practicality in my country.Practical manifestation of different patents such as non-enforcing patents.Based on the first part,the second part considers the differentiated protection of patent infringement based on practicality requirements.On the one hand,it analyzes the positive effects of implementing differentiated protection of patent infringement to meet the requirements of practicality,such as the positive significance in cultivating high-value patents and promoting patent enforcement;on the other hand,it discusses the negative effects of implementing patent infringement protection against the requirements of practicality,such as promoting The speculative behavior of patent cockroaches,etc.,demonstrates the feasibility and necessity of differentiated protection from both positive and negative perspectives.The third part examines the application of the practicality requirement in US patent infringement protection.The level of patent infringement protection in the United States is quite high,and the implementation of patent practicality requirements is also very in-depth.Therefore,it mainly analyzes three aspects: patent pre-litigation injunction,patent punitive damages,and regulation of patent cockroaches,provide extraterritorial basis for the implementation of practicality requirements for patent infringement protection Combined with the legislative and judicial practice experience of the United States and the basic national conditions of our country,the fourth and fifth parts discuss the specific measures for the differential protection of patent infringement.Among them,the fourth part is my country’s high-level protection countermeasures for high-utility patent infringement,mainly from the perspective of priority and effectiveness of high-utility patent protection:using administrative adjudication as an early resolution mechanism for high-utility patent infringement 、Create a green channel for patent infringement litigation of high utility from multiple perspectives to ensure the priority protection of high utility patents;Improve the patent punitive damages system and the pre-litigation injunction system from the perspective of patent utility to ensure effective protection of high utility patents.The fifth part is my country’s restrictive protection measures for non-enforcing patents.Since many systems and measures under the existing protection framework are applicable to non-enforcing patents,the differentiated protection of non-enforcing patents is mainly reflected through restrictions on non-enforcing patents: on the one hand,by restricting the main subject is the patent cockroach to reduce the frequency of non-enforcing patent infringement lawsuits;on the other hand,the restriction is achieved through the careful use of punitive damages for non-enforcing patents.