The Standard Essential Patent Issue In The Process Of Technology Standardization

For patent issues in technical standardization,the existing research focuses on patentee rights in terms of antitrust law.However,the SEPs in the technical standardization involve in complex interests of various subjects,regulation being too simplex and independent cannot achieve overall positive effect.This paper proposes the establishment of comprehensive regulation mechanism.This paper discussing the solution to this issue respectively from five angles,such as,organization for standardization of intellectual property rights policy regulation,the patent system evolution,competition law regulation,the patent law regulation and technical standardization.Proposing that the standardization of the organization should be positive,the patent system needs to be improved to cope with the development of new technologies,the process of technical standardization also requires attention and regulation.The main contents of this article include:Chapter I presents the emergence and development of patent system and its inherent defects;relationship between level of strength and international competition in patent system;analysis the expansion of SEPs.Chapter II analyze the influence and impact of patent on standard,including organizational reform,changes in nature,roles and status promotion.Chapter III introduce legal remedies for SEPs.First,analyze the disadvantages of three evaluation mechanisms.Second,analyze character of the litigation in judicial review to SEPs' confirming.Third,analyze the transition of the elements in the case of patent litigation.Chapter IV Regulation of SEPs in the process of technical standardization is the highlight of this article.Detailed analyzes separately from competition law,patent law,standardization organization position and technical standardization process.