A Comparative Study on Patent Misuse by Non-Practicing Entity

• Main Authors: Jiin-Yu Ho, 何瑾瑜
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/91728919476855491594

碩士 === 東吳大學 === 法律學系 === 100 === The objects of the patent law’s policyare to promote the Progress of Science and useful Arts and protect the patentee’s rights. Recently the commonly called “Non-Practicing Entity”gains the excessive payoffwith low costs that comes from translating the patent rights they have purchased into the bases for threatened or actual litigation. Their businessstrategy could cause damageto innovation, technical process and social benefits. Such practices could be against the objects of the patent law. The problem of the non-practicing entity is likely to increase as greater numbers, there is a need to act now to limit the non-practicing entity's ability to profit from such practices.In dealing with the problem of the non-practicing entity, this thesis includes a comparative study of the origins and evolution of the Patent Misuse Doctrine, recently US Supreme Courts’ decisions, and then try to find out any legal priciples that can fight against the non-practicing entity.Since the majority of technical companies in Taiwan are OEM/ODM, which still need to rely on technical support from international companies to grant the patent authorization. If any of patent misuse occurs, there will be no related relief in associate with Patent Law. This thesis suggests the technical companies (or licensees) in the international competitive environment first to organize the company’s patent data, and the best stategies for dealing with licensing negotiation, then proposes some possible solutions in patent infingement litigation. This thesisfurther suggests theneeds of an additional article in the Patent Actto strengthen the Patent Misuse Doctrine and relieves and claims of the technical companies with the existing Civil Code.