Patent Pool: A Solution to the Problm of TD-SCDMA´s Commercialization

Although patent pools were dissolved by antitrust laws after World War II, more and more patent pools have been formed again since 1990s, especially in electronics and information industries with the emergence of new technological-economic paradigm. After introducing the evolution of wireless telephone technology and its standards from 1G to 3G in Part II, Part III this paper depicts the outstanding technical advantages of TD-SCDMA standard and its commercial potential, analyzes its serious problems in patents distribution and commercialization compared to WCDMA and CDMA-2000. Part IV discusses the benefits from the pooling of telecommunications technology patents. The author argues that patent pools can help perfect the technical standard, eliminate patent thicket, create an efficient mechanism for obtaining rights to a patented technology and reduce various costs such as transaction cost. Finally, Part V points out that the commercialization of TD-SCDMA Standard need its own patent pool.