Research On The Mechanism And Measures Of Patent Affecting Technology Standardization

With the development of economic globalization, competition within the high-tech fields has grown more and more fierce, and intellectual property rights have been treated as important strategic assets. Meanwhile, amalgamation of technical patents and technical standards has become more and more obvious, which has deeply altering the standardization process. In fact, how to make full use of one’s own patents has become the key of success or failure in the standard competition.Based on the standardization theories and patent analysis theories at home and abroad summarized in this paper, the mechanism model of patent affecting technology standardization is proposed from the aspects of patent, standardization and stakeholders, including both theoretical framework and specific analysis method. In the case study part, this paper takes LTE case as a highly relevant example, being part of a high-tech industry in which standards play a large role. Combining social network and statistics analysis method, UCINET and PIAS are used to explore the implication of patent which is essential for technical standardization and can be indicated by the network indicators and statistical indicators. Then, the mechanism of patent affecting technology standardization is extracted through the analysis combining with the standardization process and stakeholder analysis.Patent plays a basic role in the standardization process and it is the bond between standards and stakeholders. On the one hand the intrinsic value of a patent is decided by the significance of the technological solution contained in it, which is one of the most important determinants of essential patent in a standard. On the other hand patent is the intermediary between standards and stakeholders, which takes effect through the stakeholders. The process of setting a standard is the interaction process among stakeholders. And the patented technologies and patent strategy of the stakeholders have become a key factor which may have a serious influence or determine the establishment of technical standards, especially the leading stakeholders with essential patents. Based on these findings, this paper presents a proposal to make a scientific patent strategy and portfolio for the domestic LTE development.