Research On Patent Statutory License System

Patent system is facing some new difficulties in the era of knowledge economy, such as the problem of transaction costs increased because of patent thicket, public health crisis caused by drug patent and unbalance in public and private interests caused by the combination of patent and technical standard. These problems are reflected in varying degrees on the "hard" and "slow", which are the two bottlenecks in the patent application. Refusal of license under "patent pool "which is always stands for the centralized licensing, defects in the implementation of patent compulsory license and exclusionary rule application for abuse of patent in Anti-monopoly Law, which also indicate that all these problems above can not be solved by existing legal system very well.Patent statutory license is a system which is eligible for patent without the authorization of patentee but for meeting the eligibility criteria and paying reasonable patent royalty. Necessity and possibility are the basic premise for all legal system. Reducing transaction costs, improving utilization and regulating the abuse of patent right under the patent technology standardization, which are all manifested the necessity that statutory licensing system is introduced into patent law. As a new legal system, both necessity and survival background are equal important. Successful introduction of a statutory licensing system is based on the support of theory and practical foundation. As the essence of intellectual property law, interest balance mechanism must be one of the system theory. Transaction cost theory in Economics has put forward higher requirement to a certain extent about the transfer of patent. The combination theory and practice is the best way to solve problems. After following the theoretical argument, the next is to analyze the reality of the system. Patent right can be restricted, which provides the function of the patent statutory license. Undoubtedly, this is the only way to regulate the abuse of patent right. Besides, reference foreign related legal system, take the essence of licenses of right for our using.Encouraging technological innovation has always been the goal of patent law, particularly in the 21st century.Technological innovation has become the continuing source of promotion of rapid economic growth. As the basic principles of statutory licensing system, maintaining the justice and fairness between the patentee and the patent users and improving conversion efficiency of the patent, and stimulating technological innovation, which together provide macro guidance for system construction. Patent statutory license is different from other patent system mainly in design, applicable conditions, the fee, competent departments and necessary limit, which all reflect a new unique patent licensing system efficacy.