Identification and Procedural Regulation of Speculative NPE Patent Malicious Litigation

Abstract

Regulating speculative NPE patent litigation is crucial for promoting technology transfer and balancing proprietary rights with public interests. Currently, such litigation is surging, eroding market fairness and diverting judicial resources. Although legislation and judicial measures already exist to regulate this, four major shortcomings remain: vague conditions for dismissal, inadequate pre-trial review and pre-trial injunctions, insufficient counterclaim penalties, and the absence of rights to sue for unfair competition. A comprehensive regulatory framework should be established from a procedural perspective: pre-litigation preventive mechanisms (such as strict injunction reviews), defendant defense rights during litigation, and post-litigation disclosure and public notification systems. These measures can effectively curb malicious litigation, uphold judicial fairness and market order, and play a crucial role in improving the intellectual property protection system.