专利集中管理初探

An Exploration on the Centralized Management of Patents

近年来,通过专利集中和商业化的经营,提高专利交易效率、规避侵权风险、获得市场收益,正在成为一种新的知识资产运作模式。专利集中管理是将特定领域分散在多个专利权人手中的专利按照一定的内在关系组合汇集起来集中管理和运营,以支持企业在市场上降低技术交易成本并获得差异化优势的行为。可将其分为基于交叉许可的封闭式专利联盟、专利联合经营、专利聚集运营这三种形式。这三种模式均体现了"由单项零散式转变为组合一体化管理,由单打独斗竞争转变为有组织的竞争,由专利产品管理转变为专利资产经营"的特征,较好地解决了专利丛林时代的反公共品悲剧和专利敲竹杠问题,是对专利丛林现象以及专利角色变化的响应,在经济学上有其积极意义。在创新驱动发展的国家战略背景下,我国应积极培育专利集中管理模式,支撑中国产业的国际化发展和产业转型升级。

It has become a new intellectual assets operation model to carry out centralized management and commercial operation of patents, enhance patent transaction efficiency, avoid risk of infringement, and obtain market benefits. The centralized patent management means collecting the patents in a specific field and held by a variety of patent owners according to certain intrinsic relation logic among the patents, and carry out centralized and commercial operation of them. The aim is to help enterprises to lower technology transaction cost in the market, and obtain differentiated advantages. The centralized management of patents can be classified as closed patent alliance, patent joint operation, and patent aggregated operation. The three forms all bear the feature of ＂transition from scattered management to integrated management, from individual competition to organized competition, and from patent products management to patent assets operation＂, which helps a lot in solving the problems of tragedy of anti-commons and patent holdup caused by patent troll. It is a positive response to the phenomenon of patent troll and the transformation of the role of patent, whereby having strong economic meaning. Against the backdrop of innovation-driven national development strategy, China should actively cultivate the centralized management of patents, in order to support the internationalization and upgrade of Chinese industry.