At present,the phenomenon of batch lawsuit in China's patent field is quite prominent.The"assembly line"style patent batch litigation have regular characteristics such as using the same patent,similar cases,and suing small-scale terminal sales entities after obtaining notarization and evidence in batches.Batch patent litigation is a reasonable means for rights holders to safeguard intellectual property rights,with legitimacy.However,there may be concerns of malicious litigation due to factors such as profit seeking and unstable use of patents.When dealing with cases of mali-cious litigation involving patent batch litigation,some courts in China generally have outstanding problems such as in-consistent determination standards and single means of regulation.Combined with the extra-territorial experience of the United States and the European Union on the identification and regulation of malicious litigation of Non-Practicing Entity and Patent Assertion Entity,China should improve the identification standard of malicious litigation in patent batch litigation from both subjective and objective aspects,establish technical screening means such as big data and ar-tificial intelligence for volume cases,improve the mechanism of patent reviewing and improving the litigation proce-dure for patent batch litigation,and comprehensively apply the law,administrative,economic,technological,social gov-ernance and other multi-regulatory measures to implement comprehensive management,to crack the problem of mali-cious lawsuits in the patent batch litigation.
NETL
NSTL
万方数据
