Patent Pool Research Based On The Independent Innovation

With the development of the economic and society, countries all over the world become more and more concern with the intellectual property, building of the brand of dependently innovated, and the tendency of the developing of patents and the standards. Patent Pool is the collection of the patents, at the very beginning, it's an agreement signed by two or more patent owners, to permit one side or the third-party to use one or more patents through that agreement, and later, it become an collection of the intellectual properties formed by"putting several intellectual properties, especially patent rights, into the package license". At the first, patent pool strengthen the license of the patent rights vigorously, and promote the Appling of the technologies, however, with the development of the globalization, transnational corporations secured their leading place in the technology area through the way that making technology standards firstly and then set up patent pool. Under this situation, Completely patentee could control the development of the Industry through patent pool. Thus, the patent pool which is based on the global standard become the media of transnational corporations to monopolize in the technology area. This will be harmful to developing countries as china. After Chinese corporations signed package contract and pay for once, they not only face the barrier in the technology area but also in the respect of patent limitation. Although it has processed a lot, china doesn't change the fact which foreign patent unions pressing Chinese corporations. In this sense, it's urgent for china to have its own patent pool and, as the basis of the development of Industries, theories in this area are also urgent to be set up.This paper attempts to independent innovation as the foundation, according to the related literature at home and abroad based on data analysis, independent innovation on the basis of the study of patent pool, based on the development of industrial patent pool of patent pool, the comprehensive analysis of the operation and the relationship with the standard of patent pool, on the basis of independent innovation industry, discusses how to construct the patent pool. And for domestic industries of patent protection with typical characteristics, patent pool model analysis, and standardization of foreign strategic leading American, Japanese and European Union countries, proposes the experience, suitable for China's national conditions, the innovation of the industry of patent pool mode and national standardization strategy, in order to promote our economic and industrial development of fast and steady.