工程建设标准纳入专利的对策研究

Research of policy on construction standards including patents

专利与标准的融合作为市场竞争的新手段,其强大的影响力冲击着各个行业。本文通过对专利进入标准的客观必然性和主观积极性进行分析,肯定了工程建设标准纳入专利的可行性。为考察不同类别标准纳入专利对策的差异,引入了权益平衡原则,结合国际和国外标准的专利政策,提出了工程建设强制性标准,推荐性标准,企业标准和地方标准的专利问题处理对策。

Integration of patents and standards, as a new means of market competition, has powerfully influenced various industries. Based on the analysis of objective necessity and subjective enthusiasm of patents into construction standards, this article has confirmed the fact that it is practicable to list patents into construction standards. In order to observe the differences of various standards including patents, the method of balance about rights and interests is introduced and international and foreign policy on standards including patents is analyzed. In the mean while, combining domestic policy, the approaches to patent problems of mandatory standards, voluntary standards, company standards as well as association standard have been put forward in construction industry.