Study On Essential Patents In Technical Standards

With the speed of technological innovation and deepening of global economic integration,standards and patents together inevitably,as an important means of technology. However, when combining with a public technology standard and private rights of the patent, producing a market effect of "1+1>2", the slightest mistake may form a new technology monopoly, which causes study on essential patents in technical standards. So the main purpose of this article is to study and explore essential patents in technical standards.Part I is an overview of essential patents in technical standards. It mainly introduces the concept of technical standards, analysis the necessity of combining with technical standard and patent technology, on this basis, combining with the definition of essential patents at home and abroad to determine the concept of essential patents, analyzing the characteristics of essential patents and distinguishing between essential patent claims and the essential patents.Part II is the identification of essential patents in technical standards. By analyzing the importance of the identification of essential patents, then elaborating the criterion and subject for identifying essential patents in technical standards.It will analyze technical factors, legal factors and business factors to determine the criterion for identifying essential patents, and combine with the problems about the identification of essential patents to determine the subject for identifying essential patents in technical standards.Part III studies on the problems of essential patents in technical standards. Based on the characteristics of essential patents and combined with relevant cases to analyze the problems and reasons of essential patents in technical standards, which leads to the following discussions on the regulation of essential patents in technical standards.Part IV describes the initiative regulation of essential patents in technical standards. Combined with the problems of essential patents in technical standards and based on patent policy of the organization for standardization,discussing the patent information disclosure system and FRAND licensing principles. It will focus on the interpretation of FRAND licensing principles and analyze legal nature of FRAND licensing principles.Part V discusses passive regulation of essential patents in technical standards.Byanalyzing the use of the completely limit injunctive relief,not completely injunctive relief and conditional injunctive relief in the some cases about essential patents in technical standards, thereby seeking the most suitable injunctive relief to solute essential patents dispute. It will focus on antitrust regulation of standards essential patents, and combine with domestic and foreign antitrust experience and the characteristics of monopoly behavior of essential patents in technical standards, then make the comprehensive legal value judgments from the perspective of technical standards as a public platform to develop antitrust measures of standards essential patents.