Research On The Influencing Factors And Countermeasures Of LED Industry Patent Pool Construction In China

The patent pool is a collection of necessary patents formed through agreement arrangements in order to facilitate cross-licensing of patentees or unified foreign licenses.It was originally born as an effective means to solve the problem of "patent jungle".Nowadays,with the trend of "technical patentization,patent standardization,and globalization of standards" becoming increasingly obvious,the patent pool has become a powerful means of global industry competition.As the fourth-generation lighting source,LED is the focus of global industry competition.However,the wide distribution of the LED industry,long technical chains,and inconsistent technical standards have severely limited the pace of industrial expansion in various countries.How to use the patent pool as a strategic tool to collect decentralized patents,promote the promotion of standards and technology applications has become a key issue in the industry.The most critical issue is the construction mode and operating mechanism of the patent pool.This article takes the LED industry patent pool as the research object,and comprehensively uses methods such as case analysis,patent search and analysis,comparative research,and game analysis to analyze the main factors that affect the construction of the LED industry patent pool,with a view to providing countermeasures for China's participation in the construction of the LED industry patent pool Suggest.First,based on the analysis of the definition of "patent pool" in the domestic and foreign practical and theoretical circles,the research object of this article is defined as the LED industry patent pool as "arranged by agreement in order to facilitate cross-licensing of LED patent owners or unified external licensing.Formed a collection of LED essential patents." Secondly,through the comparison of domestic and foreign patent pool construction practices,it is concluded that China's patent pool is more of a “joint between patentees” than a “collection of essential patents” emphasized abroad,so it is more appropriate to call it a patent union in conclusion.On this basis,the author analyzes and summarizes the construction rules of foreign patent pools,and concludes that technology,law,and economy are the three main factors that affect the construction of patent pools.Among them,technology is the basic condition for the construction of the patent pool,the law is the fundamental guarantee for the operation of the patent pool,and the economy is the internal supportfor the operation of the patent pool.Further,this article separately analyzes the technical,legal,and economic factors of the construction of the LED industry patent pool.Among them,the technical factors mainly discuss the necessity and feasibility of the construction of the LED industry patent pool from the two aspects of patents and technical standards.In terms of legal factors,the general rules and characteristic systems of antitrust regulation of patent pools in various countries are summarized by comparing the practice of antitrust regulation of patent pools in the United States,the European Union,Japan and China;for economic factors,the patent pool is studied using game analysis methods The impact of licensing rates on the willingness of different types of patentees to enter the pool.Finally,on the basis of research showing that China has the necessity and feasibility of constructing the LED industry patent pool,given the relatively low quality of China's LED patents and the imperfect technical standard system,suggestions are given to enhance the patent strength of China's LED industry,Specifically including improving the quality of LED patents and improving the technical standard system;in view of the problem that China has not yet formed a patent pool regulatory system,it gives suggestions on the construction of China's LED industry patent pool anti-monopoly regulatory system,including specific clarification of the application of anti-monopoly patent pool The basic principles of the monopoly law,the introduction of more operable regulations,and the establishment of a patent pool anti-monopoly regulations with Chinese characteristics;for the problem of the lack of practical experience in the construction of China's patent pool,draw on the experience of foreign patent pool construction and give the formation Suggestions on specific rules for the construction of China's LED industry patent pool,including the setting of specific licensing rules,the rights and obligations of third-party management agencies,the collection and distribution of patent pool license fees,and the dynamic management and maintenance of patent pools.