专利聚合经营模式的垄断威胁及其规制研究

Research on Monopoly Threat and Regulation of Patent Aggregation Business Model

专利聚合经营模式是知识产权发展的产物,能够提高企业经济效率,增强企业的防御能力和竞争力,但同时存在专利技术垄断威胁。发挥专利聚合经营模式的积极效应,应从信息公示方面,进行专利聚合经营者的专利资产信息清单公开,专利聚合经营者的专利交易信息公开;从反垄断法方面,确立其申报主体资格、申报标准、审查要素、审查结果及执行情况的监督机制;从国家安全审查方面,审查专利涉及的市场领域、专利在相关领域的市场地位、专利研发难易程度。

The patent aggregation business model is a product of the development of the knowledge industry. It can improve the economic efficiency of enterprises and enhance their defense capabilities and competitiveness. However, at the same time, there is a threat of patent technology monopoly. Therefore, how to avoid disadvantages and play the positive effect of patent aggregation business model should be from the information disclosure, the patent aggregation information list of the patent aggregation operator is disclosed, and the patent transaction information of the patent aggregation operator is disclosed;from the anti-monopoly law, the qualifications of the applicant, the application standard, the examination elements, results of the review,and monitoring mechanisms for implementation are established;from the perspective of national security review, review the market areas involved in patents, the market position of patents in related fields, and the difficulty of patent research and development.