随着互联网技术的发展,技术标准成为通信信息领域技术商业化的主要模式与基础。当技术标准中集成的专利急剧增加,专利挟持的风险也与日俱增。标准化组织将披露作为防止专利挟持的必要措施之一,但因其法律属性的模糊导致该行为带来的纠纷不断。本文拟从特殊作为义务的角度设定该行为的法律属性,试图公平公正地划分公共利益与专利权人利益之间的界限。 With the development of Internet technology, technical standards have become the main mode and basis for the commercialization of technologies in the field of communications and information. As the number of patents integrated in technical standards increases dramatically, the risks posed by patents are also on the rise. Standardization organizations will disclose as one of the necessary measures to prevent patent hijacking, but because of the legal attributes of the fuzzy led to the ongoing disputes. This article intends to set the legal attribute of the act from the perspective of the special obligation, trying to divide the boundary between the public interest and the patentee’s interest fairly and justly.