Research On The Pricing Rules Of Open License Fees For Patents In China

At present,the asymmetry of supply and demand information and the imperfect credit system of patent transactions in China directly lead to the sluggishness of the patent transaction market.In order to change this situation,articles 50,51 and 52 of the Fourth Revision of China's Patent Law preliminarily designed the regime,namely Open License for our country.Studies over the past decade have provided important information on the overall structure design,content features and practicability analysis on this regime,there has been little discussion so far,however,about the pricing rules of license fee of right for patents.It directly determines whether the patentee and the licensee with demand can successfully strike a bargain,and further has a profound impact on whether the patent right can satisfy the market demand and can be flexibly used after the transaction.Based on this,this paper takes the pricing rules of license fee of right as the research object to deepen the research about the pricing problem of patent licensing fee,and further to make proposals for perfecting the “The amendment draft of People's Republic of China Patent Law”,achieving the asymmetry of patent supply and demand information,reducing the cost of patent transactions,revitalizing the “sleeping” patent,and activating the patent trading market..According to articles 50-52 of China's “The amendment draft of People's Republic of China Patent Law”,the construction of pricing rules of Open License is basically structured.However,there are some shortcomings in the specific content setting,such as single pricing power,lack of third parties for the pricing dispute resolution,extremely clear pricing,and simple,rigid,and inefficient pricing procedures.Through reviewing the pricing rules of license fee of patent right in mainstream countries such as the United Kingdom and Germany,it can be found that the pricing of the current patent licensing fees basically follows four stages: “Submitting specific terms when the patentee registers?negotiated pricing by counter parties?assisted pricing by state organs?changing procedure of licensing fee”.Combining China's conditions and the experience of extraterritorial practice,this paper proposes to authorize the license pricing right to the patentee and the licensee.It is required for the patentee to disclose the pricing range of the licensing fee,of which the specific price can be determined by the patentee and the patentee.Once the negotiation doesn't reach an agreement,any party can request the State Intellectual Property Office for determination.In addition,a flexible changing procedure of licensing fee can be established.After one year,if any party has requirement for price change,he/it can apply to the patent administration organ for this change,and thus entering the adjusting stage.Finally,the pricing procedure of “submitting specific pricing range when the patentee registers?negotiated pricing by counter parties?assisted pricing by China National Intellectual Property Administration?changing procedure of licensing fee” is formed.