On The Implied License Of Standard Essential Patents

With the development of the global economic integration and the frequent trade,the competition between enterprises is not the competition of the market economy,but the patent war.Standard essential patent is a patent right which is formed by the combination of national standard and patent.In recent years,there have been a number of cases of patent infringement in our country,but because there is no relevant laws and regulations in our country,there is no uniform standard.The academic circles have a greater dispute over the implied license of standard essential patents.Some scholars hold an attitude of support for the implied license,and some scholars believe that if the development of our country's patent licensing requirements will cause harm to Chinese enterprises.Let them lose the chips in the competition.In 2016,the Legislative Affairs Office of the State Council published the draft of the fourth amendment to the patent law.The eighty-fifth provisions: the patent holder who is involved in the formulation of the national standard does not disclose the standard necessary patent in the course of the development of the standard,and is deemed to be the patent holder to use the patent technology.This provision is deemed to be a restriction on the patent rights of the standard necessary patent holders under certain conditions,and the implied license is granted to the patent holder.Standard essential patents are essential for every country,should weigh the advantages and disadvantages of the whole,can not blindly establish an implied license system.