Study On Standard-essential Patents Under The Innovation-driven Strategy

In today’s world, the importance of science and technology innovation competition in the national competition is becoming more and more important. Innovation-driven development has become the trend of the times. For China, in the increasingly fierce competition with other international trading partners, the influence of hi-tech innovation capacity for enterprises’ international competitiveness and even for the whole country’s has become more and more important. In recent years, although the social consciousness of innovation has been significantly enhanced, and the system construction which aims to safeguard and promote the innovation of science and technology has been improved, there’s much lack in China’s legal system construction of ensuring and promoting hi-tech innovation, theoretical research and experience accumulation. It still exists a big gap from China becoming an innovation oriented country. In this term, there’s prominent reflect in the patent law and its theory and practice.From the aspect of the patent’s academic research, to promote the strategy of innovation-driven development in the current and future, it not only requires to review and perfect the traditional type of patent system, theory and experience combined with the strategy of innovation-driven development, but also requires to open systematic and comprehensive research in the new type patent, especially Standard-Essential Patent.We should also study on the SEPs’ position under the innovation-driven strategy, and our attitude to this new type patent and its corresponding design.From this point of view, this paper puts the SEP in the central position under the macro social context of the strategy of innovation-driven development. Under this theme, this paper’s core issues are the followings: First is how to understand the macro social context of the SEPs’ initiation and prosperity in China. The key is to clarify the relationship between the SEPs and the strategy of innovation-driven development. Second is how to accurately define the SEPs. What are the core elements of the SEP? And how can we judge whether they meet these elements? The third is how to treat the current regulations of foreign countries and areas. The key is to understand the relevant practice as far as possible, and to explore some important experience which contains worthy of attention. The fourth is how to regulate the SEPs appropriately. The key issues include our attitude to the SEPs, and how to set the specific system frame to achieve the best sides of the SEPs with this attitude.To discuss the above issues, this paper will follow the framework below besides the introduction and epilogue:The first chapter examines the basic theory of the SEPs under the strategy ofinnovation-driven development. This author investigates the historical origin, concept and significance of the strategy of innovation-driven development and its relationship with the SEPs.This inspection is mainly to recognize the basic social background of the SEPs’ initiation and prosperity in China.The second chapter analyses the value of the SEPs and its application dilemma. The key point of this chapter is to clarify the basic meaning of the SEPs, functional value and possible difficulties in the application. It will also analyses the the advantages and disadvantages of the SEPs’ application with typical cases.The third chapter investigates the regulation of the SEPs. This chapter introduces the SEPs’ regulations in some main foreign countries and regions. This part will focus on the introduction and analysis of the regulations and cases in US, EU and Japan. This author will comprehensively investigate the links and differences in the application of the SEPs with the method of comparison,so as to draw an appropriate conclusion in avoiding its disadvantages.The fourth chapter is the prospect and suggestion of the SEPs under the strategy of innovation-driven development. On the basis of the above analysis of the SEPs’ interest balancing,this chapter will put forward some corresponding improvement suggestions for the requirements and problems in its application.