Research on Patent Layout Strategy for the Entire Standard Setting Process
[Purpose]The period of technical standard setting and patent application is long and the process is complicated,and the path of patent standardization is not clear.This article aims to explore and improve the patent layout strategy of technology standardization,cultivate potential standard-essential patents,thus strive for greater economic benefits and competitive advantages for patentees.[Method]The article follows the integrated transformation approach of"technical standardization,technological patenting,and patent standardization"with a focus on the entire process of technical standard setting.It proposes multiple patent layout strategies and methods at different stages of this process.During the standard preparation stage,the main focus is on layout around technology points,technology protection strategy layout,and patent application strategy layout.In the early stages of standard setting,the focus is on application strategy adjustments and supplementary patent applications.During the standard setting process and standard publication,the emphasis is on enhancing patent claims and standard compatibility layout,including specific strategies such as patent division and patent modification.After the standard is published and implemented,global patent territorial layout strategies are developed and implemented.This approach aims to timely and comprehensively complete patent layout and applications,prevent mismatches between patent applications and technical standards,and avoid irreparable consequences such as competitors pre-emptively applying for proprietary technology.[Conclusion]This study clarifies the various stages of patent layout throughout the entire process of technical standard setting,effectively integrating multiple aspects from patent layout and application to rights confirmation with the entire standard setting process.This integration aims to enhance the efficiency of cultivating standard essential patents.
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