A Study of Legal Evaluation to Patent Assertion Entity——Focus on American Legislation
| Autor: | LIU, ZHI-BO, 劉智博 |
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| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 Ever since being created, patent remedy system has been designed to protect the civil right of patentees. However, Patent Assertion Entities（PAE） have played the role to seek interests by threatening patentees recent years, and arouse controversy of whole patent market. The topic to be focused, Patent Assertion Entity, is developed in patent market. As its business model is purchasing single patents and patent portfolios, and then assert patent right to other patentees and patent practicing entities. According to latest statistics, the scale of Patent Assertion Entities has increased rapidly in America, calling attention of U.S. Congress, Federal Trade Commission and other official departments，several legislations have been issued. Based on the background above, this study mainly uses the literature analysis method and comparison among different legal systems to examine the true effect of legislations. First of all, in section one and two of this study, making clear of the concept, features and classifications in many aspects. In section three of this study is the evaluation of Patent Assertion Entity in patent market, discussing the underlying purpose of it. Later on, this section will examine the importance of its role to the innovation markets. In section four, I will analysis the patent reform occurs in America recent years, including American Innovation Act, Shied Act and so on. Aiming at the legislative purposes and the official attitude towards Patent Assertion Entity, also predicting the further legislations. In addition, in section five of this study, I will discuss the present situation of Patent Assertion entities in the mainland of China, After that, examining the possibility of the future legislation under the very legal environment. Finally in section six, I will summarize the opinions mentioned in the study and raise my opinion on legislative development in modern patent market. I wish to find a way to solve the potential PAE problem in China, and protect interests of inventors while preserving appropriate remedy to patent right. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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