The Conflicts And Balance Of Interest In Patent Protection For The Selection Of Technology Standard

China's standardization system is a typical administrative standard management system, and the formulation of standard requires the government instruction and approval of the relevant public authority sector. Government has selected some certain technology standards as the national standards and implement them, which makes proprietary technology involved in them transform from the private exclusive to strong public interest, is bound to bring severe challenge to patent protection of technology standards. Currently, in China, there are very few theoretical studies about these problems: how to deal with the relationship between technology standards and patents while selecting the technology standards, and how to coordinate the various conflicts of interests between the selection criteria and patent protection, etc. There is nearly no study or research on prescription and arrangement about patent issues raised by standard selection.This paper takes the issues of patent protection, which is raised by government designating the technology standards, as the object of study. It analyzes the contradictions and conflicts of patent protection of technology standards selection, finds the corresponding equilibrium point from the reality of our country, so as to make up the vacancy of the theoretical study in this issue .Moreover, it demonstrates for better application of theories and instruction of national standards strategies.The paper is based on the analysis of legal implications of technology standards and patent technique. It discusses several subjects, such as the integration of patent technology and technology standards, the application of the patent system in the technology standards, and the need for government designating, etc. Then, it takes the current situation of our government designating technology standards into consideration ,analyzes the difference between government-led standards and business-led standards, proposes standard inhibition and competition barriers during combination patent into technology standards ,demonstrates the need for patent protection when government designates technology standards .It also analyzes deeply the conflicts among national public power ,private patents rights, the government interest, public interest and private interest .Finally, it concludes the specified problems that raised by combination of technology standards and patent. Then it proposes measures for balance of interests of technology standards and patent protection during the standard selection, focuses on the protection of patents in technology standard and the coordination of conflicts of interests of patent technology standards, which is based on the interests balance principle. In the conclusion part, it points out that government intervention of development and implementation some technology standards must be accompanied by a corresponding accurate government policy intervention. It should specifies the formulating principles of our national standard and makes full use of patent law and antitrust law to regulate various rights and interests conflicts during the standardization of patent technology.