Discussion On Technical Standards Of Patent Protection And Limitations

Because of economic integration, technical standards are becoming increasingly important for promoting economic development. China is also in the process of economic development continues to accelerate the standardization process,making the combination of technical standards and intellectual property issues more important. Currently the majority of our jurists on intellectual property issues in the study of technical standards, mostly focused on how to utilize the existing legal system to limit abuse of patent rights, but equally important to protect intellectual property. So I started thinking after reading the relevant information: how to balance the technical standards of patent protection and limitations.Technical standards are a public good,and how to protect intellectual property rights of private property in the public domain but can not restrict competition is worth thinking about the problem for standardization organizations. Comparative study author, values and case analysis methods to measure the protection and limitations of technical standards in the patent to be discussed,analyzed,both from moving due to start merging analysis of technical standards and patents on essential attribute of consistency, combined with clear standards and patented technology is an inevitable trend and technological progress and economic development, on the other hand, by balancing the interests of the theoretical basis of the principles, to establish an effective coordination mechanism of technical standards and patents,from improving our technical standards on Two aspects of the legal system involving patents and patent examination to establish technical standards to ease the conflict between the two mechanisms to accelerate the process of standardization for the future development of Chinese enterprises, China’s economic development do whatever efforts made related legal advice.