关键词: 交易成本, 专利许可费率, 专利池, 专利授权规模

Abstract: The main purpose of the patent pool is to reduce the transaction costs of patent licensing, which increases with the number of patent holders. Aiming at the relationship between patent holders and the formation of patent pools, the paper analyzes the impact of transaction cost and patent licensing fee rate on the minimum number of patent holders required for the formation of patent pool within the framework of three stages game: whether to form patent pool, deciding the scale of foreign licensing and product market competition. The results show that there is a number threshold of patent holders requirement for forming a patent pool, and the threshold value changes inversely with transaction costs and patent licensing rates. At the same time, there exists a boundary value in the patent licensing rate related to the number of patent holders.If the patent licensing rateis lower than the boundary, the optimal scale of external authorization of patent pool increases with the licensing fee rate, and on the other side of the boundary value, it decreases with the licensing rate, and reaches the maximum at the boundary value.

Key words: transaction cos, patent licensing royalty rate, patent pool, patent authorization scale