The Research On Standard Patent Classfication And Restriction Of Telecommunication

This paper analyzed the characteristics of the standard essential patents in the field of communication,the Standard Developing Organization's the intellectual property policy and the way to deal with it.In this regard,had a simple investigation of the court's decision in China,the United States,Europe and Korea.The standard patents in the narrow sense is the essential standard patents or the legal standard patents(de jure standard).Besides,the variety of the standard patents in the broad sense which have similar attributes are in existence: first,de facto standards,mobile operator standards,product standards,no IPR statement standards,closed-type standards;second,the de jure standards will be divided into mandatory and optional standards;third,according to the patent attributes,standard patents also divided into some.Although they don't have the standard specification and/or IPR statements,but also have legal force and monopoly power same as de jure standard.Based on the classification and characteristics of the generalized standard patent,this paper discusses the necessity of the restriction of the generalized standard patent.Finally,the paper puts forward the scope of expanding the standard essential patents and the generalized standard patents,and the applicable schemes according to their classification.