The Research On The System Of The Implied Patent Licenses

In the long history development of the patent system, to achieve the balance of interest through the expansions and restrictions of patent rights has always been the driving force for the development of social productive forces, and it is also the constant theme of history. In the theoretical system of patent infringement defense, the implied license theory is a very important part. As an important theory to limit the patent rights and to balance between the patentee and the public, it has already been into system in Western countries. On the contrary, the study of the theory is too less in China.With the growing cooperation in science and technology, trade, financial with the other countries and the increasing emphasis on intellectual property rights. China is increasing attention with the rest of the world, China is promoting great development in intellectual property career, especially patent. It is always showing the shift in the trend between rights of the patentee and the obligor. When the patentee is to monopoly and expand his patent rights, it is definitely appealing the corresponding defense theory to delimit the scope of rights as to achieve the ultimate balance of interests and the fair and equitable. I’d like to do some in-depth thinking on this issue. This paper is going to start with the origin of the implied license theory, to describe the application mode of the theory.The first chapter introduces the research background, research method and system status of China’s infringement defense system, to draw forth the following discussions. Chapter II introduces the definition of implied patent license, to contrast with the patent licensing definition and related systems,then lead to the relative applicable problem. Chapter III is to analysis the principal legally from the aspects of given the rights and limitations of rights, the rights monopoly and the interests balance. Chapter IV as the United States, Britain and Japan an example to introduces the overview of the implied patent license abroad, and summarizes the their characteristics and inspiration. Chapter V is mainly combining the system status and judicial practice to discuss the necessity and feasibility of the implied patent license system applying in our country, at the same time, putting forward specific proposals to provide a point view of thinking. During the process of writing, as the domestic literature has not being a complete system of works or monograph to analysis and introduce the theory systematically, so, I try to get the help from the foreign jurisprudence cases and the domestic judicial cases relevant to the implied patent licensing rules to analysis, wish to be beneficial to the introduction, analysis, and applying of the theory.