Research On FRAND Royalty Determination Methods Of Standard-essential Patents

Along with the in-depth development of economic globalization and the rapid development of technological innovation,an increasing number of patented technologies have been adopted in the standards.There is a great growth in the number of standard essential patents(SEPs)disputes and litigation,and the core issues are all about standard essential patents and its reasonable royalties.As an emerging issue,a lot of questions requiring to be solved.Research on FRAND royalty determination methods of standard-essential patents is conducive to resolving the intellectual property disputes,and tackling the challenge intellectual property license system brought,contributing to the implementation of Strategy of innovation-driven development.Based on the theory of patent value evaluation and interest equilibrium,the paper takes the method of paper content analysis,economic model,multi-case study and patent information retrieval to research the royalties determination of SEPs under FRAND.Firstly,the related theory was expounded.Then the study explicit the formation of SEPs and statistical characteristics were analyzed.Thirdly,according to the theory of interest equilibrium,the study constructed the specific principles of FRAND licensing.Fourthly,the study based on the nine standard essential patent litigation cases to identify the main factors influencing the FRAND licensing and determine the pricing routes.Fifthly,the study extended the Swanson-Baumol model and applied it to the license pricing when the standard has three components.Finally,the study provide some references for the governments,courts,companies and other organizations and departments,which can be a guideline for FRAND licensing.The main contribution of the research are as follows:(1)The paper identified the statistic characteristics of SEPs;(2)The FRAND licensing of SEPs should be based on the theory of interest equilibrium and satisfy three specific principles;(3)The paper identified the main factors influencing the FRAND licensing and the pricing methods,and proposed three paths to carry out the FRAND licensing of SEPs;(4)The research can provide some references for the governments,courts,companies and other organizations and departments.