Research On The Patent Races In The Information And Communication Technology Standardization

As for the Information Communication Competition market driven by the related technologies, establishing standardization is a potential resource for the durative competition in market, and IPR(Intellectual Property Right) is just the most effective and powerful weapon to improve the innovation ability and international competence. Therefore, the drastic patent races among different companies were caused by the integration of Standardization and IPR that has a great importance for companies' developing strategy. In this dissertation, the theory structure about patent races in the standardization is clarified firstly, and then the characteristic of each phase for such race process is further analyzed and studied with the related models. The main contributions are as follows:(1) Analysis of the inner mechanism of patent races in the standardization through TRIZ principleThe basic part of the whole theory structure is the analysis of the inner mechanism of patent races in the standardization. This dissertation makes a good use of the two popular theories: technological system evolution principle and ideal function of TRIZ theory, so as to analyze when to be prepared for standardization and IPR races for ICT companies, the dissertation researches the information communication area.The innovation conclusion from this dissertation is that the standardization of information communication technology (ICT) would exist during the baby's period when the standardization would develop slowly and patents races would appear with so high qualities. After then, each other period would develop quickly; the ideal function used for the analysis of patent races is also established. Moreover, the patent value and the waste from piracy are also considered in this function so as to reflect the real object of patent races.(2) Analysis of Open Source Software in the patent racesMany external reasons affect the patent races in the standardization, including the open market structure, which is an important new trend for the development of standard and patent. This dissertation try to analyze the strategy with a background of monopolistic market structure, and get a conclusion the leading companies would open some parts source code to decrease the risk from the research and developing, and they also need to regard this measure carefully in case that much resource would be cost and lost their own advantages because some other companies would make good use of these open-source technology.(3) Analysis of the model of patent races in the standardizationThe model of patent races in the standardization is the core of the dissertation. Derived by intrinsic reasons and external reasons, enterprises begin to step into the phase of patent races. The dissertation simulates the patent races between Chinese companies and the other more powerful oversea company through modifying the boundary between standard and patent in "Richard Model". The model, whose premise is that the patent race is for the de jure standard and classifieds by two phases, the first one is about the R&D and patent applying competition, and the difference between this first phase and the normal patent race is that these two companies who are competing with each other for the same market. Therefore, in theory, they can apply for patents respectively, and the last outcome may not be the instance that the leader would get a fully victory. The second phase is the game process between two countries, and such competition process is to choose different standard technology based on a premise about the maximum of the society welfare.Moreover, the conclusion from the model analyzed in this dissertation indicates that those powerless companies may have the possibilities to surpass their opponents quickly only if the powerful and leader companies choose the second-class better technologies besides the best one to develop, and each country would prefer to consider those standards in which its domestic companies may have many IPRs.In the end, this dissertation brings forward the cooperative model including TSC model and RJVs model.