The Delimma And Way Out Of Patent License

Since the first patent law which is closely to modern significancewas born in Venice at1474, the world intellectual property right systemhas been matured and improved within the three industrial revolutions,and popularized in the global, up to now, more than170countries andregions in the world have established the system of intellectual propertyright. As the important component of intellectual property system, thepatent system plays a significant role in international communication andsocial life,and get more and more attention from the state, society andindividual. The Original intention of the patent system is a kind ofincentive mechanism, namely the patent holder open the patentdocumentation to the public in exchange for a monopoly of his inventionfor a certain time, under this default theory, the patent system on the onehand enables the deserved economic benefits of patent holder through thegranted patent rights for inventions, thus stimulates creative enthusiasm,it also provides material support for further research, forming benign circulation; On the other hand, the public patent technology, can inspireothers and provide a powerful mental support for the whole society’screation activities, it is helpful for intelligence resources disposition.However, after hundreds of years development of patent system, asits material basis, the social life has been taken place a great changes, theobjective environment of technology innovation has become more andmore complex, but the patent system don’t have enough measures to copewith these changes, therefore, the patent system itself facing more andmore crisis and challenges, and even become a tool for powerfulcompany to grab monopoly profits, thus not only have no promotion fortechnological innovation and communication, but also baffles theinnovation. Therefore, how to reform or even reconstruction the existingpatent system to make it back to the track of inspiring technologicalinnovation, promoting technology spread becomes a meaningful topic.This essay selected a relatively safety path, choosed the patent license asthe breakthrough point, wandered through analyzing patent licensingsystem deeply to find out the dilemma that patent licence faced in the whole operation process of the patent right, and to find the solution oneby one, making the patent license to play out the proper effect to promotethe dissemination of technology, render the whole patent system getrenewed vitality.This essay points six parts to research this issue. The first partexplores the value target of patent law, through the retrospect of thedevelopment process of the patent law and find out the fundamentalelement to promote the development of patent system is capital,reiterating that inspire innovation is due to the value end-result of thepatent law. The second part researches the evolution process oftechnological innovation developing mode, concludes that technologicalinnovation is enter into the stage of the cumulative innovation and patentlicense plays a important role thereof, then put forward that apart fromthe patent license, technological innovation may not be realized. The thirdpart discusses the plight of patent licensing system, namely it put manyobstacles to technological innovation in the whole process of the patentright from the grant, exercise and seek relief for infringement, and this is run counter to the inspire innovation purpose of patent law. The fourthpart made clear the basic position that patent license shall be orientedfrom the roadblocks to the toll-gate, and, on this basis, seek the way outof the patent license, so make it can be in line with the value concept ofthe patent law. The fifth part is the outlook of future development trend ofthe patent law, puts forward two possible prospects of patent law:moving towards extinction or making some reformations. The sixth partis the conclusion of the paper, no longer etc.