Analysis On The Pricing Rules Of Standard Essential Patent License Fees

Patent "standardization" promotes the development of modern economy,and is also an excellent weapon for patent holders to implement price monopoly behavior.The purpose of this paper is to help patent licensees reach the standard necessary patent FRAND license fee,guarantee the freedom of market economy and the freedom of contract between the parties,and prevent the patentee from abusing the advantages of patent standards for monopoly pricing.However,the patentee attempts to use the secret means to circumvent the FRAND principle(commitment)and the "Georgia-Pacific" 15 factors,so China must build a more reasonable and operative standard legal patent licensing fee pricing legal system.After analysis and summary,it is concluded that the root of the dispute over the standard essential patent license fee is how to weigh the distribution of interests between the patentee,the patent product producer and the consumer.The legal theory and practice circles believe that due to the looseness and ambiguity of the FRAND principle and the “Georgia-Pacific” 15 factors,the two cannot cope with the complex and volatile market environment.Therefore,this paper proposes a clear formula for the calculation of patent license fees: patent license fee = patent license fee basis × patent license rate ± special considerations adjustment matters,supplemented by legal procedures,the standard required patent FRAND license fee is clarified.The paper is divided into four parts.The first part is a discussion of the necessity of legal regulation of standard essential patent license fees.On the positive side,the pricing of patent license fees is in line with the FRAND principle,which can guarantee freedom of market competition,and maximize the benefits of patents and the freedom of agreement between the licensees.On the other hand,the pricing of patent license fees does not comply with the FRAND principle,and the manufacturers of patent products and the general consumers And the technological innovation and development have negative effects;the reason is that the technical reason is that the income brought by the patent is difficult to estimate,and the legal reason is that the pricing rules of the license fee are absent,and the patent owner's own reason is the abuse of the technical standard.The second part summarizes the current principles,methods and considerations of patent licensing fees in China,and describes the corresponding defects and dilemmas.In the third part,the FRAND commitment rules and the “Georgia-Pacific” 15 factors are included in the legal pricing rules of China by referring to and comparing the pricing principles,methods and considerations of extraterritorial patent license fees.In the fourth part,through the analysis and summary of the first three parts,the paper proposes reasonable pricing rules for patent license fees: 1.Set the pricing pre-procedure: FRAND commitment + patentee information disclosure to prevent disputes beforehand;2.Build pricing law Rules: Through clear formula analysis and calculation,a clear patent license fee is obtained,which is adjusted through pricing information and considerations,and the final decision is to obtain the FRAND patent license fee.3.Build a standard necessary patent administrative enforcement procedure: including pricing anti-monopoly review procedures and standard necessary patent qualification review procedures,which can prevent anti-monopoly pricing,and also guarantee the qualification and quality of standard essential patents,in order to achieve patent and license fees,etc.Price exchange".4.Improve the licensing fee pricing judicial procedure: Due to the particularity of the standard necessary patent licensing fee dispute,this paper adopts the burden of proof to reverse,and introduces the valuation expert to assist the judge's judgment,indirectly restricts the judge's discretion,and guarantees the standard necessary patent license fee.Close to market value and in line with FRAND principles.