Research On The Patent Licensing System

At present,China is under the fourth amendment of the Patent Law,and the fourth amendment draft of the Patent Law has formulated the license of right system for the first time.The goal of this introduction of the system is to solve the problem of information asymmetry and law patent conversion rate.China has become the major country for patent application,the patent implementation,however,is still lower compared to other patent powers.From that point of view of solving the problem,establish a patent permit system has great value.The license of right system has not been set in China's current law,which also have knowledge deficit on theoretical research on such system.As a new product of the legal transplantation,the system is to be demonstrated no matter on the necessity of the establishment or on the specific design.The introduction of a new legal system must be supported by solid legal legislation,as a result of which,this paper will have a comprehensive and further investigation on the basic theory of the patent permit system,and learn the excellent legislation experiences from British,Germany,France and Brazil,and combine the provisions on the Draft Revision of the Patent Law(Draft for Review)to give suggestions on constructing and perfecting the patent licensing system in China.This paper is mainly divided into:The first part,introduce the basic theory of the patent permit system includes the definition,nature and the differences from other permits.The second part,elaborate the function of the system which reflected in three aspects of making up the shortage of the current patent permit system,helping to solve the problems of the operation of the patent permit system and it is also in line with China's current national condition.The third part,have a comparation research on the experiences of the legislation and practice of the patent permit system in British,Germany,France and Brazil,It is recommended that China refer to the regulation of Germany,increase patent applicant as the subject of the application of the patent permit and establish a system that matches the patent permit system;take example by the British,defining the litigant's litigation status,increasing the patent annual fee discount and establish flexible patent licensing fee-based pricingmechanism;learn from France and Brazil about their regulation on termination procedure of the permit system which allow termination of the permit in case of meeting the conditions.The Forth part,starting from China's Draft Revision of the Patent Law(Draft for Review),point out the shortage in application procedure,recall procedure,lack of incentives,relief on infringement and lack of termination procedures.The fifth part,proposing to improve the patent licensing system in China,which mainly includes specification on patent permit system,elaborating upon the quashing of the license,increasing patent annual fee preferential policy,improving the infringement relief system and adding provisions on termination of license of right system.