专利池与公共利益PatentPoolandPublicInterest--以飞利浦理念.pptVIP

专利池与公共利益Patent Pool and Public Interest －－以飞利浦专利无效案为视角Taking Philips’ patent right invalidation case as an example 张 平 By Zhanping 北京大学法学院　知识产权学院 　Intellectual Property Institute of Beijing University Law School 2007年4月18日 April 18th,2007 Part I The trend of Global Enterprises Patent Strategy Technology Patenting － Patent Standardization －Standard Globalization The birth and evolution of the patent pool Fierce fight over patent applications Sharp Increase of Patent Authorization Prominent Overlap between patent rights The complex dependent relationships between patent operation Substantial increase in operating cost of patents Formation of Patent Thicket “Explosion” of Patent Suits The industrial development is increasingly controlled by many decentralized and independent patent rights, which makes the patented technology not be utilized fully and efficiently. Therefore, the patent pool is born. The Concept of Patent Pool Patent Pool: a kind of patent association in its essence. It indicates that two or more patent holders give license to each other or the third party, granting one or more of their patents upon consultation. In the typical patent pool, all patents included are open to all parties involved. To the third party outside the patent pool agreement, it usually provides the licensing contracts of standards. License fees obtained from patent pool is distributed to its members in accordance with predetermined way. Patent Pool Technical Standards Setting up patent pool is often based on special technical standards: ----- Essential Patents Pool in DVB standard of Europe Union ---- Essential Patents Platform in 3G standard ---- Essential Patent Portfolio in MPEG-2 standard ---- 3C and 6C patent pooling in DVD standard General problems during developing patent pool Evaluation procedure of necessary patent and material condition questioning: evaluation expert Uncertainty of patent disc