Categories Construction Of Implied Patent License And Feasibility Analysis

The application of implied patent licenses dates back to English common law.The implied patent licenses is not only a defense reason of infringement,but a system of profit balance.It ensures the economy develop in a healthy way by balancing the interests between the patent owner and the patent user.Meanwhile,the implied patent licenses influence the competitiveness of intellectual property all over the world.The implied patent licenses have just been noticed recently in China.Although it can be improved in the law,the only term directly referred to the implied patent licenses first appears in revising the Implementing Regulations of Patent Law in 2015.The study of the implied patent licenses mainly focuses on the classificationbased on cases.Since it has a great impact on profit balance,it is not an easy process to bin it into the law.Due to the lack of typical cases,the lack of research and the complex types,we have to complete the frame of legislation and make sure that every case can be judged by its facts.This article has introduced the theoretical basis of implied patent licenses and analyzed the eight kinds of the existing types which can be the basic of the following reconstruction.The article will rebuild different types of the implied patentlicenses into more abstractive,constructive and practical types based on reasons,deadline,payments and limits.These kinds of types have different functions.For example,we can decide whether a case can be an implied patent license by analyzing the reasons.We can decide the details by analyzing the deadlines,payments and limits.This article also explains the feasibility of the implied patent licenses and makes some proposals for the legislation and judiciary.We should try to form the basic frame and principles on which implied patent licenses bases.Meanwhile,we should take the rationale into account during the judgment,with which can lead use to the justice and impartial.