The Establishment Of China's Patent License Of Right System

Since the operation of the patent system in China,there has been a problem of low patent conversion rate,which makes the role of the patent system in promoting the development of science,technology and economy has not been fully played.In order to solve the problem of low conversion rate of patent implementation,three new laws were added in the draft amendment of the Fourth Patent Law in 2018.Through these three laws,the idea of establishing the patent natural licensing system was put forward.Under the patent licensing system,patentees can publish their patents on an open platform established by the patent administration department.Anyone who wants to implement the patent can obtain the right to use the patent directly after paying the licensing fee through the platform.Of course,the licensing contract will be established.This not only guarantees the right of both parties to choose freely,but also restricts the patentee's freedom to choose the license object to a certain extent.It is a combination of voluntary licensing and compulsory licensing,which can improve the efficiency as far as possible under the premise of guaranteeing the patentee's certain free will.This paper makes a comparative analysis of the patent licensing system in several representative countries.From the experience of other countries,it is feasible for China to improve the patent conversion rate by establishing the patent licensing system.After a comprehensive comparative analysis of the similarities and differences of the patent licensing systems in various countries,the paper puts forward some measures that China should learn from when establishing the patent licensing system,including substantive examination of the application for licensing,stipulation of preferential rules such as annual fee reduction and exemption,etc.,to meet the needs of our country under specific circumstances.