The Study On The Patent Exploitation License Risk

With the rapid development of science and technology, patent has been the primary motive force in the era of intellectual economy for more than ten years. Patent development level has already become the important symbol of weighing the country or the regional competitiveness and overall strength. The patent exploitation license means that the patentee permits others to use its own patent technology through the contract. It becomes the effective way to use the patent and explore the patent value. On the other hand, the risk of patent exploitation license is of considerable complexity and frequent. Therefore it is significant to explore the risk early-warning system which according to the basic principle of high-tech and patent exploitation license. The development of patent exploitation license needs the protection provided by law even more. The legislation at the domain of patent exploitation license is not perfect in our country. So the most important problem we care of is to guarantee the license deals smooth and successful when the related legislation can not provide assured Protection.This paper analyzes the risk in the patent exploitation license, so the enterprises and the person that involved would be clear about the right and the duty, foresee risk in the contract consultations. If they have to go to the court in the future, the detail and clear contract items could calm down them. Based on a series of current researches, and with the combination of risk management theory, technology innovation theory and patent management theory, this paper systematic analyzes patent exploitation license's features and identifies the key risk factors during the process of patent exploitation license, included: patent invalid risk, patent infringement risk, patent rights misuse, Parallel Importation risk. In addition, this paper introduce some alien judiciary in the respect of patent exploitation license which was not regulated in our country's related law to provide some consultant to the contract party and help them to avoid some consultant to the contract party and help them to avoid the risks and to reduce controversy because of the deficient in domestic interrelated law. An early-warning system of patent exploitation license risk was constructed in this dissertation for the first time. The system offers the support to solve the problem that how to deal with patent exploitation license risk.