The Monopoly Of The Patent Pool And Its Regulation

There is a thorough academic discussion on the monopoly of patent pool in the field of foreign scholars.Instead of analyzing the patent relationships in the patent pool to determine its monopoly,the paper attempts to analyze the potential monopoly of patent pool,and make a unified external regulation for it.The paper uses the theory of consideration and balance in the analysis.In the analysis,first of all,the paper reveals the patent pool is a violation of the initial consideration of Patent Law.It not only breaks the balance between Patentee and community interests,but also may directly offset the role of the Patent Law by run against what it was designed for.Its existence is unreasonable and may constitute a patent right abuse.Second,from the point of the permission and operation mechanism,the paper demonstrates that the patent pool has considerable possibility for anti-competitive.Through these two parts of analysis,the paper concludes that the patent pool has potential monopoly.In the basis of this conclusion,the paper advocates a unified external regulation for patent pool.The paper believes we can curb the potential monopoly of the patent pool through the reform of access and licensing mechanisms.