“专利丛林”问题及对策研究

Study on the Patent Thicket and Measures

专利的排他性使得不同的权利人对同一专利产品各自拥有独立的权利,从而产生"专利丛林"问题,下游专利权人的研发必须经过上游专利权人的许可,从而加大了产品研发的难度,降低了专利成果的利用率,引发反公地悲剧。同时,专利丛林问题又导致大量垃圾专利的出现及不正当竞争现象。文章通过分析专利丛林问题,探讨解决这一问题的对策。

The exclusive of patent rights makes different people have the independent rights respectively to the same patent product. It has amused the question of Patent Thicket. The subsequent research must undergo the patent holders＇ permission. This has increased the difficulty of products＇ research, made the Lower utilization of the patent, and aroused the tragedy of anticommons. Meanwhile, patent thicket also causes the massive question patents＇ appearance and the phenomenon of the unfair competition. This paper is through analysis patent thicket to discuss measures to solve this problem.