Research On Exercising Patent Rights In Technical Standards

Technical standards refer to standardization which is required in the field of harmonious and unified technical matters standards. It is a series detailed technical scheme and technical specifications, which is recognized by most manufacturers, and its purpose is to make the product or service meet the safety and market access requirements. In the early days, technology -standard and patent almost have no correlation. Technology standards -is commonweal, open and free, while Patent is exclusive and proprietary. In the collection of standard, Standardization Bodies hope to avoid involving the patented technology of others. With the science and technology changing rapidly, many researchers pay more and more attention to protect their own technology and lots of technology has been applied for a patent. In order to obtain higher profits, Enterprise pays more and more attention to the production and management. They vigorously promote the technology to reach the patent and conversion of standard and take charge the high cost of licensing or monopolize the market to obtain high profits. When the technology is covered by more and more patent, Standard Bodies cannot bypass the patent when setting the standards. The combination of the two can bring the high economic interest. In the trend, technology standard and patent combination has become a trend.By enforcing the rights of patent, Patentee realizes their own interests maximally. But in the process, it can produce the phenomenon of patent abuse. When patentee exercise patent rights, Government Departments or Standardization restrict their right to reach the effect of maintain the social public welfare. As the representative of patent right, private right and technical standards, this is as the representative of the public welfare, is a kind of dialectical contradictions. How to make balance of them must be considered by the legislators.In view of this, this article is divided into four parts:The first part introduces the concept and classification of technical standard, and the related concepts of patent right, the main mode of exercising patent rights and influence in the technical standards.The second part analyzes the problem of exercising patent rights when patent technology developing into the technical standards. Separately from the establishment of social system and the legal principle theory of law, rationality analyzed the problem of exercising patent rights when patent technology developing into the technical standards. Through standard published, meeting the request of social production, improving labor efficiency, promote the progress of science and technology society. According to the difference of technical standards for binding, technology standards are divided into compulsory standards and recommended standards.On the basis of the two parts,the third part analyzed the conflict of technical standard and patent right, and discusses the causes of conflict and its consequences. The problem is the knowledge and information as a public product sharing, standard of commonweal and patent rights of the private conflict, led to the abuse of patent.The last part of the article is the abuse of patent right of legal regulation in the technical standard. From the International Convention for the regulation of law, standardization organization for the intellectual property policy, and foreign countries of technical standards and patent regulation of anti-monopoly law for the abuse to the understanding and reference, points out that to properly solve the technology standard and patent and technical standard in the conflict between patent abuse. We must combine our improvement of standard system the patent system, comprehensibly use of legal, administrative regulations, administrative regulations and relevant judicial interpretations and other sources of law to regulate comprehensively and reasonable.