Research On The Legal Regulation Of Patent Standardization

With the development of science and technology and economic society, the relationship between technical standards and patents is becoming more and more close. The appearance of patent standardization brings us new problems and challenges. The combination of technical standards and patent means that the patent holder can use the public power to protect the patent, and carry out a series of actions to seize the market and obtain the monopoly benefit.At present most of the international standards organization take a relatively relaxed policy on patent standardization and patent licensing.As the WTO agreement confirmed the international standard as the legitimacy of the technical trade measures, developed country members attache great importance to the national patent technology standardization and internationalization of standard of the country, striving to win the advantage position in the international trade, seize the industrial development of high.China’s reform and opening up is only for a short time.And China joined WTO for a short time.Both in the field of intellectual property rights or in participating in international trade China is still in the initial stage. However, in recent years the number of patent standardization in China trade events have increased rapidly, and the incident involving a huge amount, has a far-reaching influence.In our country’s high and new technology field, especially for the industry with high compatibility, the international technical standard is the basis of their production, sales of products, providing services and participating in the international market competition. However, due to the weak theoretical foundation of our country, the industry’s participation in the development of international technical standards is at a disadvantage.In this paper, we try to focus on the standard essential patents, research on the regulation of patent abuse in the process of standardization, explore the way of development of patent technology standardization and standardization.The article combines the representative of the domestic and foreign patent litigation cases, focusing on the standards of the standard essential patents access rules, information disclosure system and the legal regulation of FRAND licensing.