Construction Of Biotechnology Patent Pools

The biotechnology industry has become a new engine of world economic growth,but the current "patent thicket" phenomenon biotechnology serious obstacle to further development of the sector. In response to the problem of patent thickets, international law scholars have proposed to build biotechnology patent pool. On the one hand, in theory, to build patent pool will effectively reduce the field of biotechnology "patent thickets" and reduce licensing transaction costs, spread the risk, and promote innovation in biotechnology, in practice, also contributed to the development of related industries. On the other hand construct patent pool could lead to a monopoly and hinder legitimate market competition, the company’s innovation and protect invalid patent, increase business costs and other issues, in practice the patent pool also led the market monopoly. The international community to solve the "patent thicket" of issues in the field of biotechnology, has formed a number of patent pools include ophthalmic laser surgery patent pool, Golden Rice patent pools, etc., can be divided into commercial type of biotechnology patent pools and public welfare biological technology patent pool. They made a positive exploration in the operating mechanism of the patent pool, the pool’s width patent management organizations.Construction of patent pools in the world intensified, our country Experiences from Abroad, based on the proposal of building a concrete program of biotechnology patent pools, including the development of technical standards, the establishment of licensing models, signed the patent pool agreement. Also separately from "Patent Law", "anti-monopoly law," improving the legal regulation, lay a good foundation for the construction of the legal patent pool.