The Evolution Of Patent Pools And Patent Application Behavior Under The Background Of Technical Standards

In recent years, under the background of technical standards incorporating more and more patents, patents have become the important subject of technical standards. Among the IT area, setting technical standards on the basis of patents, then guiding the industry development and seeking excess profit has become a competitive weapon of developed countries and international companies, which is profoundly changing the rules of standards competition. In order to simplify the procedure of patent licensing and accelerate the industrialization of technical standards, standard alliances operate the patents by patent pools, which play more and more important roles in the creation and industrialization of technical standards.Supported by the theories of technical standards, patent pools and patent quantitative analysis methods, this thesis use the method of statistical analysis and mathematical model to explore the evolution of patent pools and patent application behavior under the background of technical standards. First, according to the development history of patent pools, we separated it into three periods. Through statistical and network analysis, we summarized the characteristics of patent pools in early years and under technical standards, and three classic modes of patent pools, and IPR policy in patent pools. And then, in order to distinguish whether there exists strategic patent applying behavior, by utilization of the typical patent pools as research samples and the patent value as indicator, the patent applying behavior is studied.It showed that patent pools based on technical standards mainly focused on IT field, more and more countries are cooperating on patent pools, and patent pools are becoming a combo for development countries, the professional patent pool administration company are the primary mode. The analysis of patent applying behavior showed that there is the peak of patents application around the founding of patent pool, which is controlled by the pool founders. With the Poisson regression of the patent citation data, it is found that the patent quality decreases with the application time. Among patents which applied after the pool's creation, the value of patents owned by founders are under those owned by new members. It showed that there exists strategic application behavior during the evolution of patent pools. Compared to new members, the founders of patent pools may more likely put low quality patents into the patent pools.