Study Of The Patent Disclosure Policies In The Intellectual Property Policies Of Standardization Organizations

Under the development of high technology, intellectual property is more and more important. The saying" Third—class enterprises sell the labor, second—class enterprises sell the products, first—class enterprises sell the patent while the super enterprises sell the standard" is the explanation of this strategy.Chapter one introduces the concept of standards and standardization and classification, as well as the role of standardization work. I start from the etymological point of view, citing examples of the definition of standards and the standardization. Combining the perspective of subjects, I summarized the exact meaning of the standards - technical standards. Technical standards can be divided into statutory standards and de facto standard. In order to better understand the views of this article. This chapter introduced of this standard classification methods and the classic examples.The second chapter demonstrated the relationship between the standards and the patent . Traditionally, there is scarcely any relationship between technology standard and patent which is exclusive, regional and of timeliness. But, with the development of advanced and new technologies, there is no ready general-purpose technology which can be collected as technology standard in the filed. All of the inventors of advanced technologies have strong consciousness of intellectual property right protection, and their technologies are almost covered with patents completely. This is a standard technology with the patent conflict between questions. To resolve the conflict, standards organizations have no choice but to turn the negotiations with the patentee. Patentee enjoyed by the patent benefits in the patent monopoly; and standards organizations in the development of technical standards must be coordinated with the interests of enterprises and protect the interests of consumers. However, if with further investigation we will find, in fact, both in its ultimate purpose and function, they are in the pursuit of the same purpose, namely, the promotion of social progress, and increase social wealth and protection of the interests of consumers.The third Chapter focused on the definition of the patent disclosure policy of the standards organization intellectual property policies, and introduced the two classic cases -Rambus cases and cases DELL. The patent disclosure is "on behalf of the standards organizations, in order to prevent part of the patentee to use patented technology to control the formulation and implementation of technical standards, Patentee refers to the disclosure of the patent to the standards organizations. The two cases promote the development of the patent disclosure policy. Through the introduction of two cases and comprehensive analysis, I pointed out that the importance of the patent disclosure policy.The fourth chapter focused on the evolution of the patent disclosure policy of the standards organization intellectual property policies. In the course of consultations, both on a patent license agreement related issues, standards organizations will also ask the patentee, as well as relevant third party disclose the patent rights in the formulation of technical standards. Patent disclosure policy has now become an important part of the intellectual property policy of standards organization. Patent disclosure policy is not perfect from the very beginning, and its development through a free license model, RAND model, EX Ante RAND model. Patent disclosure policy is more and more perfect in the development. On the bases of the cases Rambus and Dell, I introduced the policy and development background, as well as the system itself a systematic introduction. I also listed the patent disclosure policy of the important standards organizations in the world.The fifth chapter gave the position and subjection of patent disclosure policy of China. The systems of standards organizations in process of the beginning and the work of the standardization have also gradually enter the public field of vision. In consideration of the importance and relevant factors, I pointed out the suggestion of the patent disclosure policy of China. To the patent disclosure, I suggested the Ex Ante RAND model; to the patent license, I suggested the "fixed licensing models + RAND principle" model.