Standardization And Regulation Of Patent Right

The development of information technology has strongly enhanced the combination of technical standards and patents since the90’s of20th century. More and more patents have been used in technical standards. New companies need to pay the huge cost of royalty rate of patents or avoid those technologies if they want to get into the appropriate field. On this occasion patentees can easily results in monopolization or preventing competition by asserting their patent rights. In economic globalization era it is the general trend that patents adding to technical standards. It is also needed to control the abuse by patentees whose patents have been added to technical standards rationally.It talks about basic theory of technical standards and the relationship of technical standards and patent right in the first part of this paper. And it illustrates that the combination of technical standards and patent right is a tendency on both the theory and practical sides.It lists components of abuse of patent right which has been added to technical standards in part two. Specific forms of the abuse of patents which are being added or have been added to technical standards is illustrated meanwhile.It inspects regulation patterns of patent right under technical standardization in the third part. Most organizations which constitute technical standards restrict the abuse of patents which has been added to technical standards. Meanwhile patent pools have also been restricted rationally on antimonopoly law side. It is generally accepted that patentee should be careful and rational when they assert a claim.It proves the necessity and legitimacy of regulation of patent abuse by analyzing theoretical basis in the final part of this paper. It compares the rules in other countries and areas and offers a proposal for related laws.