“碰瓷”IPO？！专利恶意诉讼专挑关键期！规制“组合拳”来了

Core Viewpoint - The article highlights the increasing prevalence of malicious patent lawsuits targeting technology innovation companies during their IPO processes, which disrupts the capital market and hinders competition [1][3][11]. Group 1: Malicious Lawsuits Impacting IPOs - Companies like Yushu Technology and Lingge Technology have faced malicious patent infringement lawsuits from non-industry competitors during critical IPO stages, leading to halted listings and valuation fluctuations [1][3]. - Since 2025, a total of 53 companies have been involved in 133 judicial cases during their IPOs, with 10 cases related to industry competition and invention patents [5]. - The lawsuits are often characterized by unreasonable claims, such as a company demanding 8 million yuan in compensation while later reducing the claim to 500 yuan, indicating a lack of genuine intent to protect rights [3][7]. Group 2: Legal and Regulatory Responses - The Supreme People's Court has established clear standards for identifying malicious lawsuits, focusing on the stability of patent rights, the legitimacy of the lawsuit's purpose, and the persistence of malicious behavior [7][8]. - Legislative and regulatory bodies are actively working to combat malicious patent lawsuits, with suggestions for a cross-departmental enforcement mechanism and a patent credit evaluation system [11][12]. - The Supreme Court and the China Securities Regulatory Commission have issued guidelines to strictly enforce laws against malicious lawsuits that disrupt the IPO process, emphasizing accountability for those who engage in such practices [12]. Group 3: Recommendations for Companies - Companies are advised to enhance their legal awareness and conduct thorough intellectual property due diligence before initiating IPO processes, including assessing the stability and clarity of their core patents and trademarks [13]. - Establishing a rapid response mechanism to monitor competitors' patent activities and potential lawsuits is crucial for mitigating risks during the IPO phase [13]. - Companies should proactively manage intellectual property risks as a core component of their IPO preparation rather than as an ancillary issue [13].