| In the knowledge-based economy and global integration, patent pools have played a very important role in the standard setting, and become to be one of the most important factors of industrial technology development. Because of those reasons, patent pools has been used as a effective tools by the multinational companies to demonstrate their comparative advantage in IPR, monopolize the patent licensing market and form technology barriers. After many years of development, the type of organization and operating mechanism of the patent pools had changed a lot, nowadays the patent pools is not only a patent licensing organization but also the leader of the production market, the patent pools which have vertical integrated company has become to be the main body of the patent pools. This has caused remarkable changes in the licensing and innovation of the patent pools, so it is necessary to study the question both in theoretical and empirical field. I hope by doing this can make both Chinese government and enterprises raise the awareness of patent pools, understand the running rules, and know how to deal with the challenge caused by the international patent pools, and it has important theoretical and practical significance for Chinese enterprises to use patent pools as a useful tool to achieve license revenue and continued increase of innovation output.This article aimed to put vertical structure into the theory study, and analyzed the effect of patent pools which have vertical integrated company. On the bases of a review of current research, and according to the shortcomings of current research, we defined the concept of the patent pools and analyzed two main problems. Firstly, I introduced the vertical integrated structure into the license pricing setting games, and by building a theoretical model to solve the equilibrium licensing price, industry output and product prices under different licensing structures. Secondly, by analyzing the establish expectation, licensing income distribution, license restrictions and so on, we studied the difference between before and after the pools establishment, and by comparing the Alliance members' and external enterprise' incentives to innovate under different conditions, we study the innovative effects of patent pools.According to my analysis, the main results are as follow:(1) By internalize the externalities, patent pools can effectively avoid the "prisoner's dilemma" between the patent owners and decrease the license price. (2) Vertically integrated companies also have an impact on the social effects, that is when the patent pool does not exist, Vertically integrated companies tend to exclude the professional producers and set a lower license price compared to the professional R&D organization. When there is patent pools, under some certain conditions, there is a lower license price, production price, industrial production, and compared to professional R&D organization, Vertically integrated companies have more incentive to join the patent pools.(3) When there is difference whether the patent can be one of the patent pools'. The establishment of patent pools will raise the speed of innovation output of the industry, and comparatively speaking, it has a heavier effect of the companies which want to be one of the members. After the formation of the pools, the innovation incentive will be effected by the distribution model of the licensing revenue, independent licensing and the number of the patent pools' patents.(4) There are differences between different kinds of companies, and there is a strategy complementary relationship between different companies' innovation investment. |
