The Mechanism Of Technical Patent Affecting Technical Standard Setting

Under the background of economic globalization, technical standards competition has become more and more obvious. Amalgamation of technical standards and technical patents has been deeply altering the market competition regulation. With the rapid development of technology, setting technical standards in high-tech fields must rely on advanced technical patents. For this reason, countries and enterprises having lots of advanced technologies win in the patent war, expand technical and economic interest, lead industrial development, and become highly competitive. Technical patent has become a key factor which may have a serious influence or determine the establishment of technical standards.Based on the related research achievements of technical standards setting, the relationship between technical standards and technological innovation, technical standard alliance, patent and its research methods, this paper applies multi-case study method to explore the mechanism of technical patent during the process of technical standards setting. At the beginning, several successful cases of technical standards setting are selected for case studies. Aureka and PIAS are used to explore the implication of patent which is essential for technical standard establishment. Then, the mechanism of technical patent affecting technical standards setting process is extracted through the analysis and summary of cases.Through above works, this paper comes to two conclusions. The promotion of patent technology can reduce the competitive pressure and risk, and bring huge patent fee, which provide incentives for enterprises participating in the establishment of technical standards. These are helpful to form a comprehensive technical system which can create conditions for the technical standards. From another point of view, patents constitute the patent pool and reach a cross-licensing agreement under the operation of technical standard alliance. These make the trade internalization that do not only reduce the transaction cost, but also form complementary technical combination, integrate forward and backward technologies of industrial chain, promote industrial chain development and accelerate the promotion of technical standards.