Abstract: Patents, the short board of Chinese smart phone firms, play important role in the development of smart phone industry. To construct a patent pool is an effective approach to break the patent containment of foreign companies. The impact factors of constructing a patent pool are analyzed and some strategies explored by employing evolutionary game theory. An evolutionary game model about patent pool of domestic smart phone industry is built up based on comprehensive analysis of its strategic environment. Some impact factors of the model are analyzed. It is concluded that the benefit and cost sharing mechanism should be built for all participants of patent pool and the government should provide the smart phone firms with some subsidies to compensate their costs of innovation and reduce the policy costs of constructing patent tool as well as improve their expected benefits in order to build a patent pool successfully.