Technical standards are an integral part of global infrastructure. Technical standards licensing is an important part of the international technical service trade. Technical standards are general technical solution rules and guidelines approved by standardization organizations for repeated use, with which compliance is not mandatory. In the absence of unified pricing rules for technical standards licensing, “nations” have tried their best to control the implementation of technical standards, which is manifested in the different pricing rules applied by the courts in different countries when adjudicating the royalties for standard-essential patents, which have created ample space for the intervention by the state power. The comparable licensing method is a “denationalized” technical standard licensing pricing rule that can reflect in a concentrated way the information that consumers are willing to pay for standard essential patents, and takes into consideration the royalty rates that have already been formed in the market, thus overcomes the defects of the apportioning method of patent valuation. The identification of comparable licensing agreements, the disclosure of royalty information in comparable licensing agreements, and the analysis of implicit one-way royalty rates in complex SEP licensing situations are the key steps in the application of the comparable licensing method. The clarification of issues such as patent hold-up and technical standardization value is conducive to determining the scope of standard essential patent royalty, thereby breaks the doubts about the reference value of some comparable licensing agreements and ensures the stability of the application of the comparable licensing method. As a market-led technical standard licensing pricing rule, the comparable licensing method can compress the space for the “nation” to intervene in the application process of the rule, help to achieve the “denationalization” of the technical standard licensing pricing rule, and form the “rule consensus” to the greatest extent among courts in different countries. |