The Research On The Formation Mechanism Of Patent Pool

The patent pool is a kind of effective patent management mode. It can effectively resolve the "patent thickets" problem, and it also can improve the Licensors'and social welfare which had been proved in theory and practice. In recent years, the attitude for patent pool of antitrust authorities in America, Japan and the European Union has been increasingly tolerant, but in practice the patent pool does not appear in large Numbers. It mainly concentrates in the field of electronics and communications.The biological medicine field has no real patent pool at present.This paper systematically analyses the influence factors of forming the patent pool, which include the strongest credible punishment, patent licensing transaction costs and the structure of downstream market, etc. On the basis of the above factors, the paper constructs a static game model about the formation mechanism of patent pool. This paper explains that the formation of patent pool is actually "prisoners' dilemma" problem. In the static game, although the formation of patent pool is good for the Licensors'and social welfare, but this article finds that the form of patent pool is not a Nash Equilibrium through model analysis. Because each Licensor has the motivation to choose noncooperation and acts as a licensor outside the pool, the formation of patent pool is difficult.Through the case studies on the material and forming process of representative patent pool, we verify the influence factors of forming the patent pool and the theoretical conclusion that patent pool is difficult to form. According to the patent barriers given by members of patent pool, this paper get three revelations as follows: firstly, strengthen the government service and Play the role of Industry association efficiently; Secondly, participate in the formulation of international standards and develop our technical standard; Thirdly, strengthen the awareness of patent infringement and Form strategic alliances to deal with the international litigation.