The Research On FRAND Of Standard Essential Patent In Patent Licensing

As the science developed deeper and deeper,patent standardization have become the very important subject of scientific and technological revolution.When technical standards contains the patent,the new word “Standard essential patents” was in our sight.The unequal negotiating position of the two parties was formed after they combined together and then,the patentee took advantage of the occasion in asking for the unreasonable license fee.In order to prevent the higher license fee the standards-setting organization ask the patentee who want to participate in the standards to make a license commitment called “FRAND” which means fair,reasonable and non-discriminatory which prevent rising the patent license.But the standards-setting organization don’t definite the meaning of FRAND,which make the FRAND still fuzzy and unobvious,so it’s hard to achieve the desired effect.The whole thesis is divided into four chapters.The chapter one state the basic theory of the patent license with technical standard.Focus on introducing some basic questions such as the definition of the technical standard,patent essential to the standard.The explanation of these basic questions is the premise and basic of the discussing in this thesis.The chapter two focus on the patent licensing policy of the standardization organizations and FRAND principle.On the basic of the two chapters above,chapter three summarizes some principles of confirming reasonable license fee rate,in order to have a grasp of the overall about the reasonable license fee rate.The forth chapter focus on the direction of development of standard essential patent.According to analyze our actuality,and provide some advice to solve these problems.Illuminating the viewpoint of this thesis on the basic of analyzing advantages and disadvantages of the method.Then I divide into two aspect to improve our standard,which include making the standard,implement the standard.