近年来,世界范围内诞生了众多专利经营公司.以营利为目的的专利主张实体(Patent Assertion Entities)在促进技术转化的同时,也逐渐演变为专利诉讼滥用,阻碍了技术的扩散。这一现象在美国尤为明显。分析美国“专利主张实体”的商业模式以及美国的应对政策,提出我国可借鉴的建议,将有利于我国专利经营企业的规范与发展。
In recent years, numerous for-profit non-practicing entities specializing in patent operation have been founded in many coun- tries. Though some of them can promote technology transfer, most of them hinder the development of innovative technologies, and gradu- ally evolve into the Patent Assertion Entities(PAEs) focusing on maximizing their profit via aggressive litigations. This phenomenon is par- ticularly serious in the United States. Research of the development status of PAEs in the United States and the latest responsive actions taken by the country can provide valuable reference and inspiration for China to protect its independent innovation achievements.