Study On License Of Right In Patent System

Patent value is embodied in the application.Patent will be nothing if we cannot effectively put it into our daily life.With our country legal system of intellectual property rights improving,people's awareness of patent enhancing.Under the national and locally policy supporting and encouraging,Chinese patent got a series of remarkable achievements that has already been top level in the world and the quality of patent has been greatly improved.However,the implementation of the patent conversion rate is low,the patent does not adequately promote social and economic progress or scientific and technological innovation.It can be said that improving the application of the patent has become the priority of China's patent work.It not only need to improve the quality of the patent itself,but also the protection of the patent legal system.The present patent law of our country provides the basic implementation,such as the patent licensing,transfer transaction and the implementation of the patent right.Patent license is the common way,but limiting to the information asymmetry between the demand and the proprietor,they signed a patent license contract requires a lot of hard work.The conditions for the application of the patent compulsory license are harsh,it can only play a role in special fields such as medicine patent.In short,our country's current patent license has not been able to promote the implementation and application of the patent.How to improve the patent application conversion rate is an important issue for all countries in the world.The United Kingdom is one of the earliest countries to establish the patent legal system in the world,it has achieved many beneficial institutional innovations and experiences in patent system that are worth learning and drawing.in 1949,in order to improve the patent application,the license of right has been established in the course of amendment of the patent law of the United Kingdom as a new type of patent license.This system was popularized all over the world lately,including the British pre-colony of India and South Africa,including Brazil,Russia,Germany and France have established this system,which has injected new vitality into the implementation of the patent.We should actively learn from the outstanding achievements and practice of foreign countries,from which we can obtain the results of the establishment and improvement of the Chinese patent license legal system.The patent law draft put license of right into the system of the Chinese patent system for first time,which is a attempt to Chinese active learning foreign experience of the patent system,but causing a lot of controversy.As a result of learning from foreign patent system in our country,it is believed that license of right its feasibility and validity of establishing the system in our country is not to be questioned.It is not only the need of perfecting our country's patent license system,but also the need of our country's huge number of patent implementation,and its advantages are obvious.In addition,it is supported by the theory of law philosophy and economics and in accordance with the principle of intellectual property rights interests balance.License of right is conducive to improving the implementation of patents with obvious advantages,but as "exotic product",if it could take root in Chinese patent system,it must make reasonable choice of system design and framework at the beginning of the construction system.There are many deficiencies to be improved in the present patent draft,such as legislative provisions on the establishment of such a system should be perfect its procedures and conditions in details;in dealing with disputes caused by this system,we should improve the dispute settlement mechanism;in the administration,the functions and service orientation of the patent administration department shall be clearly defined,adhere to the market as the dominant and the administrative department to be assisted.After all,license of right is a new attempt of the patent license system in our country,which will bring new vitality to the implementation of the patent.