The Reaserch On License Of Standard Patent

Standard essential patents is the combination of patents and standards. Due to the contradiction of the public benefit of technical standards with the private benefit of patents right, the combination of product patents and standards caused many problems to be solved.Standard essential patent chargers tend to charge unreasonable licensing fees or command unfair bargaining position rely on their patent including in the standard. If you can accurately understand the purpose of the patent law and the standards, it is not difficult to conclude that balancing the private monopoly rights of the patentee with public interest is the fundamental way to solve these problems. The development of FRAND principle proved to be an effective means to achieve a great balance between patentee and the public interest. However, due to the lack of an accurate understanding of the FRAND principle and the inaccuracy of how to calculate patent licensing rates, there are many disputes in practice.This article will discuss the development of standards essential patents, the existing problem and the principles and means to solve the standards essential patents problems according to the "Huawei v IDC" case and to realize the effect of stopping the action and controversy, solving the licensing disputes, guiding the trial. This article is divided into four parts:The first part utilizes five aspects, namely, the case background, case profiles, the focus of controversy, the comments of court and the problems to lead to the problem needed to be studied in this paper- the problem of standards essential to patent licensing disputes.The second part is to introduce the basic theory of standard essential patents licensing.This article introduce the purpose of the patent system and then carefully introduced the concept and development of standard essential patents.The part have a discuss on some problems,such as the patentee declined to disclose the patent information and declined to make a patent license contract,which are caused by the development of standard essential patents.The last part of this section advance a theory of The balance of interests to find a solution to these problems.The third part of this article analyzes the implication of the principle.As a basic principle of Patent licensing,FRAND principle is widely used to regulate the licensing act of standard essential patents.This part show that FRAND principle is supported by the contract law and antitrust laws.This principle is more and more becoming Industry practice in Standard of patent licensing.The fourth part is the focus of this paper,which make a study of the principle and methods of calculating the Patent license fees.The calculation of patent license fees not only matters the enthusiasm of the patentee in participating in the formulation of standards,but also can encourage the licensee to promote the standards.The reasonable patent license fees can also avoid the problems caused by the development of Standard essential patents. "The Georgia-Pacific factor" have a strong influence on Patent license fees.Taking all these factors into consideration,this article advance a theory of calculating the patent license fees that determining a basic license rate and making a adjustment by consideration of the influence factors.This theory maybe a reasonable solution to balance the interests of The patentee and the licensee.