Research On The System Of Standard Essential Patents Information Disclosure In The Development Of Technical Standard

April 1,2015,"the People's Republic of China Patent Law"(hereinafter referred to as the Patent Law)draft amendments to the fourth draft to the whole society and comments,the draft on the basis of the original patent law carried out a comprehensive Modify,add "the implementation and use of patents" chapter,which provides that: "Article 85 of the" national standards in the development of the patentee in the standard development process does not disclose the necessary standard patent,as its permission to the standard The use of its patented technology.Licensing fees negotiated by both parties;the two sides can not reach an agreement by the local people's government patent administrative department ruled.In the intellectual property rights more and more attention today,the patent once again into the people's attention,by the people's attention and attention,especially in high and new technology,patent technology covers all aspects of technological innovation.However,with the rapid development of science and technology,can be incorporated into the standard of public technology less and less,in this case,the patent technology into the standard phenomenon began to appear.On the other hand,the market is increasingly focused on standardization,for profit considerations,companies find ways to make their own technology can be included in the standard.In this case,the "private interests" take the "bus" situation endless.In China,the national standards of patent status are also increasing,patent standardization has become an inevitable trend.For the sake of interests,many patent rights holders have tried to promote their "private rights" through the "public interest" in a variety of ways to maximize their promotion and extension.However,with the rapid development of science and technology,can be incorporated into the standard of public technology less and less,in this case,patent technology into the standard phenomenon began;however,standards,especially the legal standards,and public interest Closely related,while the patent is focused on the interests of the individual interests of the protection,so that there is a natural contradiction between the two.And once the manufacturers in the technical standards of this competition come out on top,under the network effect will lead to compatible manufacturers and consumers can only accept the price determined by the economic monopoly,so bound to cause social productivity decline.Therefore,only when the standard necessary patent disclosure system can be truly implemented in order to fundamentally ensure that the standard makers,patentees,the standard users of the tripartite interests of the balance.Although the patent law enforcement law added a standard on the necessary patent disclosure system,but the provisions of the more or a principled rule,for some specific concepts to clarify the disclosure of the subject,manner,content,Regulations,to the judicial practice caused no small difficulties.Therefore,I would like to pass the foreign patent law on the standard of the necessary disclosure of the patent system,combined with the actual situation in the country,the draft amendments to the patent law put forward their own views and judicial recommendations.Around the above mentioned questions,this article will be described from four parts,the specific arrangements are as follows:The first part,the author analyzes the existing problems in the existing regulations,and puts forward the existing problems in the system of patent information disclosure,as well as the shortcomings in legislation and judicature.The second part of the famous foreign organizations in the patent information disclosure system after the analysis,to find out which aspects of reference for our country.The third part makes suggestions on the five aspects of the main body of patent disclosure,disclosure time,disclosure content,disclosure and accountability.