互联网开 放创新的专利困境及制度应对.PDFVIP

Abstract: Open innovation has become an inevitable trend on a global scale. However, its philosophy of sharing, free and open is inherently against the private rights-oriented modern patent system. Open source community, which started as an opponent of patent system, eventually could not beat the torrent of patent fi lings and patent litigations brought by a vast number of companies, and began to establish an alliance from its thousands of members in order to build a Great Wall against patent threats. Facing the complex relations between patents and open source licenses of stacking layers, innovation and market competition become more brutal, with patent disputes occurring at an unprecedented scale, damages increased to billions of dollars. People began to refl ect the social function of the patent system. In view of the Chinese Patent Law is undergoing the 4th revision, this article discusses the challenges to the current patent system caused by Internet open innovation, and explores how the patent system can be improved and adjusted systematically in the coming Internet age. Key Words: internet; open innovation; patent Linux a Uber/ Airbnb/ GoVocation ISP P2PBT