团体专利:一种专利向标准转化的制度安排

Group patent:An institutional arrangement for transformation of patents into standards

专利制度安排的合理性,直接关系到专利成果的有效转化。同时也影响着由专利转化而形成的产业经济增长质量。专利向技术标准转化是技术转化的一条新兴战略选择。在这种路径设计中,由于专利产权划分不合理与专利信息不对称,易发生专利权滥用的不经济性冲突现象。虽然企业通过采用专利联营战略应对这种冲突,但是该战略存在不足,因为始终无法解决专利权的私权行为。因此,建立企业间共同拥有专利产权的团体专利制度,有助于更好解决技术转化中不经济的冲突。文章通过经济学的相关理论构建团体专利合作模型,论证了该制度安排对企业专利发展及其利益分配的必要性和可行性,从而通过该制度的实践为我国专利成果的有效转化探索出一条新路径,同时,也为国家实现创新驱动经济发展质量水平的提升提供有效的专利制度支撑。

The rationality of the patent system is directly related to the effectiveness of patent transformation, and it also affects the quality of industrial economic growth. A technological transformation, which is the conversion of patent to technological standards, is a new strategic conversion. In this path of design, it has the conflict of patent abuse, which is caused by the non-reasonable patent property right and the asymmetry of patent information. Although companies adopted the patent alliance strategy to deal with the conflict, there are many problems about the strategy, such as lack of clarity in the definition of property rights, reduced possibility of market innovation, lack of long-term stability mechanisms, possibility of new obstacles to technological progress, and lack of compatibility with group standard reforms. In general, it does not effectively promote the transformation of patents into technical standards. Because it cannot solve the act of private right of patent rights. Therefore, establishing a group patent system in which enterprises jointly own patent property rights, will break through internal monopolies and break through restriction that patents must be held by patent associations. It will combine relevant institutions in the upper and lower reaches of the industry and promote the flow of information among enterprises through joint property rights. It will form a new situation of patent sharing, patent joint research and development, and jointly promote the transformation of patents into technical standards. By building the model of patent cooperation by using the economic theories, which is the method to determine the necessity and feasibility of development of enterprise patents and distribution of the profits. The paper found it is helpful to increase the profit and public benefit of individual enterprises through the standard of the group for incorporation of patent rights, and it is easier to reduce the asymmetric loss of patent value information of standard users. At the same time, the paper found different companies have clearly the effects of joint research and development, common technical standards and product quality improvement after implementation of group common patents, because it reduces the cost of internal consumption. Therefore, the market increment has been generated, and public welfare has been increased through group patent co-ownership, which has reduced the public welfare losses caused by monopolies caused by patent pools.However, because of the quasi-public product attributes of group patents, if there is no binding cooperation agreement within the group, itwill be easy to cause disputes within the group that owns group patents due to the externality, which eventually leads to the inability of group patents to exist. Therefore, group patents should have the feasibility of establishing reasonable agreements to reduce externality. At the same time, it is a reasonable cooperation mechanism in itself by writing group patents into group standards. It helps to promote the production of products that match the value of patents by group members and avoids waste of patent value. Thus the experiment of this patent system has discovered a new path for patent results in China. Moreover, it supports the foundation of patent system, which improves the quality level for the development of innovation-driven economy.