The Practice And Antitrust Regulation Of Patent Aggregator

Patent Aggregating Companies that put patent strategies into effective management and operation by aggregating patants,is a new type of business in the catalysis of international capital and market,showing a variety of forms of different management patterns and business modes.In recent years the liquidity for money funds could be further strengthened and the cost of defension could be reduced.However,Patent Aggregating Companies make the wrestling of the patent market more complex,adding the danger of monopoly to innovation and competition.This paper is based on the motivation and management strategy of the patent aggregation companies.In this paper,the connotation and types of patent aggregation companies are defined,and the influence of patent aggregation companies are analyzed.Based on the European and American countries successful experience,this paper put forward the corresponding proposal.Starting from the perspectives of operational modes and commercial characteristics,this paper discriminates the commercial forms and strategic types of patent aggregating companies.The meaning of Patent Aggregating Companies are defined at first,that is,companies that foster patents operation by acquiring patents and aggregating large patent portfolios,they don't regard R&D as core competitiveness,they even don't produce physical goods or provide service.They can be divide into eight types of business model according to the differences in obtaining patent and commercialization rights,those are,patent pooling companies;non-commercial patent aggregators;sovereign patent fund;patent acquisition companies;patent incubating funds;royalty monetization companies;patent enforcement companies;defensive patent aggregators.Secondly,from the three theoretical dimensions of the patent market,the patent system and the innovation and development,this paper makes a dialectical analysis of the causes of patent aggregation companies and their dual impact on market competition.This paper reveals the three important factors for the birth of patent aggregators,under the patent arms race and the open innovation environment,the competition for patent asset reserves is intense,patent operations are centralized,and patent litigation is complicated.In the context of the increasingly significant ‘long tail' effect of technological inventions,patent aggregating companies are playing an active role in enhancing patent market efficiency,promoting technological innovation,and optimizing the patent ecosystem.they bring chances of innovative development but also monopoly threats the competition order of IP market.Finally,this paper analyzes the possible monopolistic behavior of patent aggregation,Based on the European and American countries successful experience of the antitrust regulation of patent aggregating companies,combined with China's national conditions to propose specific measures to deal with the impact of monopoly.From the anti-monopoly law point of view,the behavior of patent aggregating companies' patent right abuse can be divided into the dominant market position,the monopoly agreement restricting competition,the concentration of business operators restrict competition.In Europe and America,rich experience has been accumulated on the aspects of review forms,regulation methods and regulation procedures of Patent Aggregation anti-monopoly for many years.At present,Chinese enterprises are frequently suffering from the attack of Patent Aggregator in the international market,in that no warning system was established against Patent Aggregator so far in China.In order to make up the deficiency of anti-monopoly laws in the field of intellectual property,it is of great importance to make the full use of regulations and laws,establishing and improving relevant security mechanism,and enhancing the quality of patent so as to avoid the vicious lawsuits.