An independent entity responsible for management shall be established, and the members of the patent pool shall first sign a patent licensing agreement with the independent entity, and then the independent entity shall be responsible for patent licensing affairs. It can take the form of a limited liability company or association. There is no independent organization, but the patent pool entrusts some of its members to be responsible for patent management on behalf of the patent pool. A patent pool based on an independent third-party patent evaluation institution to evaluate the necessary patents that can enter the patent pool. Such as mpeg-2 patent pool. Patent pool based on technology alliance and developed technology become technical standards. Such as WCDMA patent pool. How does the patent pool work? The following is a brief introduction from two aspects: the principle of patent license and the standard of patent license fee:
Internally, the principle of equality is usually followed. Generally speaking, we should abide by the FRAND principle, that is, the principle of fairness, reasonableness and non-discrimination, which is also the principle requirement of many standardization organizations and anti-monopoly institutions. Generally, a unified charging standard is implemented for the external licensing of patent pools. For example, the price per pec or the percentage of each sales price. In practice, the patent licensing rate usually does not exceed 5% of the net selling price of patented products.