Study On The Patent Information Disclosure System Relating To Technical Standard

With the progress of technology and development of economy,the trend of standardization of patent becomes fiercer,and the system of patent information disclosure plays an important role on both avoiding the negative influence of standardization of patent and adjusting the act to introduce patent into industrial standard.However,this problem is still neglected in the legislation,while the infringement disputes related to the technical standards of patent have increased in practice.In order to respond to fill the gaps,real legislation has become a top priority. Through understanding the situation of patent information disclosure related to the technical standards of patent in depth,based on the teaching experience of standardization organization at home and abroad,and in combination with the characteristics of standardization in China,this paper puts forward a suitable patent information disclosure system for China.Besides preface and conclusion,this article consists of four parts:Chapter1 introduces the development trend and the negative influence of the patent standardization,and analyzes the meaning of establishing a patent information disclosure system based on clarifying the definition of the patent information disclosure system in standardization of patent.It concludes the necessity to establish a patent information disclosure under t1he background of standardization in patent.Chapter 2 analyses the current situation of the patent information disclosure system in China,and points out that the blank of legislation has been unable to cope with the requirement of adjusting the patent into standard,and the successful experience of AVS(Audio Video Coding Standard Working Group of China) patent information disclosure system merits a reference in legislation.Chapter 3 points that loose patent information disclosure system related to the voluntary standardization system in foreign country is not suitable for China, however,the use of estoppel to deal with patent disclosure principle of problems in its judicial practice is worthy of our reference. Chapter 4 analyses the characteristics of standardization and its influence on the patent information disclosure system,finally,it proposed advice on establishing a patent information disclosure system in the work of constituting national standard.