Research On The Necessary Patent System Of Standards

In the era of knowledge economy,product development and survival depend on the core technology of related products,and in the pursuit of efficient economic environment,technical standard is particularly important.The irreplaceable patented technology in technical standard is called the standard essential patents,the patentee based on the ownership of the patent,in the patent licensing process may appear abuse of patent rights behavior.In the case of standard essential patents,because of the public nature of the standard,if the franchisee's patent rights are not restricted,it is not conducive to the production of products and related technology innovation;if the patent rights of excessive restrictions on patent will make the patent.The right person to prohibit its patented technology into the relevant standards.How to balance the interests of the patentee and the social and public interests,how to standardize the necessary patent in the standard and the patentee's rights and obligations to become a standard essential patent licensing system to establish the issue can not be bypassed.The main contents of this paper include four chapters:The main content of the first chapter is defined by the standard and the nature of the patent,and it is identified as the contractual relationship.It is defined by the combination of the analytical standard and the patent and the promotion of the patent pool.The clear standard is simplified and clarified from the judicial practice.To analyze the implied license defense function of the standard implementer in the standard requisite patent.The main contents of the second chapter are the theoretical basis of the patent system of the essential patent,and the principles of honesty and credit in civil law,the principle of trust protection in contract law and the theory of meaning and the opportunistic behavior in economics are necessary.Show permission to provide moral standards,determine the basis and so on.The third chapter is mainly from the perspective of comparative law,analysis of the International Organization for Standardization,the United States,Germany,the essential standards of patent licensing system,a clear standard essential patents for the contract,pay attention to the disclosure of patent rights and international counterparts FRAND Principle,from which to improve the system of China's thinking.The fourth chapter mainly discusses the importance of perfecting the existing system based on the system construction and economic development of our country,and puts forward the insufficiency of the existing system in our country.Based on the analysis of the theory,this paper analyzes the specific conditions,Clarify the criteria and the rational distribution of the parties to the burden of proof and so on to improve the standard of the essential patent licensing system.In the judicial practice of our country,the specific dispute is often lack of the necessary criterion for the patent system,and based on the international exchange to promote the standardization of technology to better promote the development of China's economy point of view,improve our standard essential patent licensing system.This paper puts forward some suggestions on how to perfect the essential patent admissibility system in China from the perspectives of theoretical analysis,comparative study and judicial practice,so as to solve some problems in the judicial practice of standard patent infringement disputes to a certain extent.