The Mechanism Research Of Judicial Judgment In Standard Essential Patent Royalty Rates

The patent royalties are usually negotiated by the parties themselves and given, standard essential patents (SEP) patentee and users often cannot reach agreement in the conditions of license by negotiation license for the particularity of SEP, then the parties bring a lawsuit in order to achieve their purpose. But the number of SEP royalties case of our country is relative small, the relevant scholars, lawyers and judges has not yet formed a unified opinion with the focus of attention problems and judicial process in the decision. SEP is the combination product of the guiding and mandatory technical standard and the patent of private property, the adjust of royalty rates have a great significant for the patentees, patent users, the public and the whole nation's technical innovation. And the royalty rate of judicial decisions is final and quite important for the related subject and the whole community. It is an integral part of the current work of the judiciary to establish relevant license conditions in a more scientific approach, reasonable manner and accurate calculation.This thesis analyzes the basic theory of SEP royalty, make a deep analysis of the two domestic and international cases-Huawei v. IDC United States and Microsoft v. Motorola which is more influential currently, and the thesis thought there are a little flaw in both of the judicial decisions under two different jurisdictions on the specific use rates, and some of the concluding answers in the judicial decisions lack of the reasonable support, and the court should focus on the expectations of the main dispute, the objectives and particularity of judgment, the way to achieve the goal of judgment in the trial of standard essential royalty rates cases, in the process of ruling should focus on the standard essential patent itself and the contribution to the standard and the product, product profit, reference case rates, FRAND principles rates, etc. And in face of increasing standard essential patent royalty rates cases, the thesis analyzes the necessity of the construction of standard essential patents royalty rate determination process, it is constructed the judicial process that our country should follow counting on judiciary could make a more scientific and reasonable decisions in the similar case from several aspects, such as detailed analysis of the disputed patents and technology standards, reasoning the contribution standard essential patents for standards and product, determine the product's profits, the upper limit of the rate of patent, reference of the case and practices, guide the parties themselves negotiated.