Empirical Studies Of Patent Licensing In China

It has been more than 20 years since china established the patent system in 1985. The establishment of this system has greatly promoted the sustainable development of China's economy. The usage of patent acts as not only the value goal of patent system, but also a significant part of the national patent licensing strategy in the era of knowledge-based economy. What's more, the implementation of patent licensing strategy is a means of accessing to local interests and an effective indispensable way of obtaining the sustained economic growth in China. For each country, the ability to utilize the patent can express the level of its enforcement of the patent licensing strategy. Therefore, we are confronted with the task of studying and deducing the condition of patent licensing implementation. However, it has been discovered that the situation of china is not satisfactory. As many experts study on patent licensing mostly stuck in the level of theoretical discourse on November 11th 2010. State Intellectual Property Office Published A patent licensing contract record method (draft). This article has designed the types of patent licensing patent(invention patent, utility model patent, design patent); In this article, it also pointed out the types of patent licensing (an exclusive license, exclusive permission, ordinary license, cross licensing, compulsory licensing, sublicense); Of patent licensing licensor(individual, universities, industrial and mining enterprises, scientific research institutions and organizations); Of patent licensing licensee(individual, universities, industrial and mining enterprises, scientific research institutions and organizations); Of patent licensing area (east China, south China area, in central China, north China, northwest, southwest, northeast China, Taiwan region, abroad region); Of IPC classification of patent licensing patent(necessities of life; operation, transportation, chemistry, metallurgy; textiles, papermaking; fixed buildings, mechanical engineering, lighting, heating, weapons, blasting; physics; electric); the international classification of design patent of patent exploitation license and the eight variables of registration time of patent licensing. In this paper, by taking the registrations of patent licensing which are announced by State Intellectual Property Office from 2000-2009 the new formulation on which occurred in Patent Bulletin No.7 of 2010 and A patent licensing contract record method (draft) as reference, the writer makes a systematic empirical research on China's condition of patent licensing. The paper can be divided into three parts—the introduction, main body and the conclusion.In the introduction part, the writer briefly conveys the purpose, status quo and the significance of this research paper.In the body part, according to the"Patent exploitation license Information Database in China, 2000-2009,"the writer makes a meticulous empirical research on patent exploration license. This part consists of three parts.Part 1 discourses the analysis of the issues on patent licensing. Firstly, redefining the relationship between patent licensing and contract of patent licensing, Then, pointing out the virtual difference between the patent licensing and the transformation of patent right. Lastly, interpreting the connotation of each means of patent licensing and its features in detail.Part 2 provides the empirical analysis on patent licensing of china. It is the core of the paper. By considering the study object, data collection and design and description, the condition of patent licensing in china, the writer makes an deeply approach with the help of eight variables. By analyzing all status of patent licensing, the types of patent which qualify the patent licensing, the patent licensing species, the characteristic of patent licensing licenses and licensees, the patent licensing region, the status of patent licensing IPC classification, the classification of design patent licensing and the development of patent licensing, the writer concludes many features of the patent licensing at present stage of China.Part 3 concentrates on the problems of patent licensing as well as its causes.In the last part, the fifth part, the writer comes up with the specific countermeasures to solve the problems which exist in patent licensing system. In the light of the institutions, the scientific research institutions, the industrial and mining enterprises, and the region of patent licensing, some corresponding countermeasures which give a hand to develop our patent licensing are put forwarded in this part.