Technical Standards In The Patent Abuse

Standard competition has become a mainly form of international economic competition. The combination of standard and paten not only makes the right of patent come true widely by the special status of technical standard, but also turns some technical standards to the de facto monopoly by the protection of patent. One of the reasons about Chinese enterprises encounter patent wars coming from foreign enterprises is the abuse of the right of patent. The abuse of the right of patent appears in many manners, one form including the behavior of abuse of patent rights in the process of standard established and the behavior of the inappropriate limited measures and refused license in the process of standard license, the other form including some behaviors of patent information no-disclosure. Since the abuse of patent rights incurs the unbalance of patentee interest and social public interest, some regulations have built, such as intellectual property law, contract law and anti-monopoly law. This paper analyses the balance of patent rights under the standardization and makes some suggestions about introducing patent license of technical standard into patent law, which will help to limit the abuse of patent rights in the standard.