Research On The Cloud Computing Patent From The Perspective Of Technical Standardization

The development of cloud computing industry adhered to the mode from technical patented to patent standardized and then to standard monopolized.By counting and analysing the cloud computing patents and standardization of the cloud computing,it is not diffcult to find that the number of cloud computing patents is surging in China in recent years.However,these patents are mostly relevant to the field of cloud applications,meanwhile,whether in terms of ownership of core technology patents or the formulation of the standardization, Western developed countries are still keep the leading rhythm.The cloud computing technology is changing rapidly along with time vicissitude.As a result of this,so many patents filled the technology field and performed a type of cumulative innovation.Cloud products(services) not only include the original source of inventions but also combine the improvements on these inventions.In order to avoid the conflicts of litigation and interests, one tends to combine the patents by the means of agreements or cross-way permit consciously, therefore, the abuse of cloud computing patent emerged.The most dangerous manifestation of cloud computing patent abuse is to embed patents in the technical standard and seek patent monopoly afterward. The basic principles of civil law, internal rules of contract law, patent law, and standardization organizations are all have some limitations in the face of cloud computing patent abuse.In contrast,as to regulate the cloud computing patent contain abuse,it is fairly reasonable that from the perspective of antitrust law,simultaneously, combined with its own particularity of cloud computing and technology standardization to study the antitrust issues in process of formulating and actualizing the cloud computing standardization.