Research On The Patent Licensing System

The patent license of right is a unique way of patent licensing,the declaration of the patent license of right shall be deemed to be an offer.The patent implementer only needs to make a promise,and the contract is established when the notice of the promise arrives at the patentee.The feature of patent license of right and general patent license is voluntary.But the same as the patent compulsory license,there is also the case of national public power intervention.Therefore,the patent license of right is independent of the above two kinds of patent license,and has a unique system function.This paper summarizes the patent license of right system of several representative countries in foreign countries,through the comparative analysis of research methods,we find that there is a great similarity between the patent licenses of right system of these countries,but there are also some differences.For example,the provision of the United Kingdom is the most specific and comprehensive,while the German procedural provisions are more specific.The article also summarizes the institutional experience of foreign countries which is worth learning from.The present situation of our country,the reform of the management system of scientific research and the current situation of the transformation of the patent have indicated that it is necessary to introduce the system in our country,and the system could meet the needs of China's current patent transformation.Based on the relevant provisions of "The amendment to the Patent Law" of China,the article also argues that we should also set up the examination of the patent license,and establish the preferential policy of the annual fee,set up a flexible way to determine the license fee,and improve the conditions of the revocation of the patent license of right.