Research On The Patent Abuse In Technical Standards

In the traditional view, technical standards and patents are two mutually separate conceptions, conflicts exist in nature of the public and private rights. Technical standard which is designed to ensure product quality, reduce production costs, has a strong public welfare, while the patent as a private right, is the patentee’s legal monopoly. The patent system aims to protect the interests of patent holders as a starting point. However, with the advancement of technology and economic development, both of the patent and technical standards have the goal to promote technological innovation and social progress in common as their intrinsic motivation, so they begin to combine. After the patent into technical standards, it improve the technological content of technical standards, but also break a series of patent’s limit in time and in the region. Their combination expand the scale of production, promote technological progress, while the patentee face the huge commercial profits, begin to abuse their patent right, to prevent or restrict competition in the market, to harm others’and the public’s interest. Unfortunately, the current legal system in our country cann’t provide effective regulation for the patent abuse in technical standards, so the law system cann’t ensure the interest of industry competitors’, consumers’and even the whole society’s. Therefore, in-depth study of the patent abuse in technical standards have great significance. Improving the legal regulations for patent abuse in technical standards, can help protect the legitimate interests of economic entities and fair competition order in the market, but also can promote China’s economic development.The method of literature research, case studies and comparative analysis is used in this paper, based on analysis of the concept of patent abuse and technical standards, and then summarizes the performance of specific patent abuse in the technical standards, using for reference relevant regulations on the extraterritorial manner for the lack of existing legislation in our country, and put forward some suggestions in order to improve our legal system.The paper is divided into five parts. The first part is an introduction, introduces the background and significance, overseas and domestic research status and research methods and research contents; The second part introduce the basic concepts of the technical standards and patent abuse, the necessity and the basic principles of regulating the patent abuse in the technical; The third part sum up the performance of specific patent abuse in technical standards in technical standard formulation and implementation technical of the development and implementation respectively; Part IV analyses the overseas relevant regulations of the patent misuse in the technical standards; Part V analyses the current legislation on the issue of the problem in our country and its deficiency and then put forward some suggestions to improve legal regulation of patent abuse in the technical standards.