The Study On License Of Right Based On The Modification Of Patent Law

Since the establishment of China's patent system,patented technology made great progress.The patent applications and the amount of authorized is growing year by year,and has been ranked first in the world for many years.But at the same time,the patent application doesn't work will,and patent conversion rate is always in a low level.In order to promote the use of patents,"The amendment draft of People's Republic of China Patent Law" promulgated in 2015 add the license of right system by learning the experience of foreign patent applications.It hopes that through the license of right system,the information of license could publish through administrative channels to reduce the patent licensing process and cost,promote the use of patents,and improve the purpose of patent conversion.As a not yet implemented patent licensing system,license of right hasn't been studied a lot.Therefore,in the first part,this paper introduces the concept and characteristics of the license of right system;And then compare the license of right with other method of patent license;finally,as the license of right is under discussion,the author put forward two main issues discussed in this paper: whether we need to introduce the license of right,and how to improve the license of right in the amendment draft.The second part of this paper mainly analyzes the legitimacy of introduce the license of right in our country.As our country's patent market is immature,patent licensing information can not be smoothly spread,the higher the cost of Patent transaction,Hinder patent conversion,we need to introduce the license of right.Through the patent granted licensing system,reduce the cost of patent transactions,and promote the implementation of patent licensing.And analysis whether there are legal obstacles to impact the license of right.In the third part of this paper,compare the foreign license of right with the license of right in the amendment draft in the application of license of right,the implementation of license of right,withdrawing the permission of license of right,tortious relief of license of right,to hope to find what can we do to perfect the license of right.In the fourth part,this paper puts forward some suggestions to perfect the construction of license of our country,including the establishment of consultation pricing and variable pricing mechanism;adopting the patent annual fee subsidy measures to encourage the patentee to implement license of right;perfect the patent infringement remedy,establish licensing databases and specialized departments to manage the license of right.