Confirm The Unfair High Price Of Standard Essential Patents

Based on the market dominance,monopolistic operators would price highly.Monopolistic high prices and unfair high prices are not exactly the same.Monopolistic high prices focus on the objective description of the monopoly operator' s pricing results,while unfair high prices are the result of pricing behaviors and related abuse behaviors.Much practice had been carried out to confirm the unfair high prices in many countries of the world.Price,activity and effect are the main factors that can be summed up from the relevant suit cases,where the confirming model would also be built up with.This model is also applicable in the standard necessary patent scenario.However,when there is no obvious abuse behaviors of market dominance,especially the exclusive abuse,that is,the activity element is lacked,confirming of unfair high prices of standard essential patents has a certain degree of uncertainty.Numbers of views exist,which do not recognize the value-added demands of the standard essential patents holders.The patent standardization process is essentially a technology screening optimization mechanism,where the patent joined into the patent Technical standards can exclude some other alternative technology,and the thus enhance the value.According to this,it is not reasonable to deny completely patentee' s rights to claim for the premium.The phenomenon of increasing license fee before and after the patent standardization is related to both the standard public product and the patent technology itself.Transforming in using the model of price,activity,effect factors,distinguishing and assessing the value increment will help the recognition on the simple unfair high license fees of standard essential patents.The principle to follow here is that no matter which factor brings the monopoly high license fee,its ultimate consequences can neither both conflict with the purposes and objectives of antimonopoly,nor damage,exploit,and exclude the competition.Otherwise the price could be considered the unfair high price.