The Research On The License Of Right On Patent In China

The Right of license system is a brand-new system introduced by the fourth revision of China’s patent law.Open license means that the patentee applies to the patent administration for registration in writing,and is published after examination.Any licensee can implement the patent as long as it meets the written notice to the licensee and pays the relevant license fee.Compared with the traditional licensing method,the patent open licensing system has the characteristics.Patent open licensing can improve the conversion rate of patent implementation,promote patent market information exchange,and reduce the transaction cost of patent licensing.It can effectively solve the problems of asymmetry of patent information at present in China and the low patent implementation license.Although the development of the open license system has matured in foreign countries,it is the first time that it has been incorporated into China’s patent system.In order to integrate with the existing patent system in China,it must be localized in the process of system construction in light of the current state of patent development in China.System design.Existing research on open licensing mostly stays at the level of overall system design,and few studies focus on the rights research in open licensing systems.Based on the relevant provisions of the Patent Open Licensing System in the "Draft Revised Draft of the Patent Law(Review Draft)"(hereinafter referred to as the Review Draft),this paper studies the rights content of the open licensing system in combination with existing research and extraterritorial practical experience.First of all,based on the concept of the open license system,it can be analyzed that the open license system is voluntary and open.At the same time,it can be summarized that open license can improve the patent implementation conversion rate,promote patent market information exchange,and reduce patent license transaction costs.Institutional functions.Secondly,through the review of extraterritorial legislation and practice;through the review of the provisions of the Review Draft,the existing rights settings of China’s open licensing system are summarized,and its core content includes: pricing rights,patent enforcement rights,and withdrawal rights.Based onthe analysis of the concept,connotation and requirements of rights,the existing settings of rights are found to be flawed,including the existing settings of pricing rights,which increase the pricing cost and pricing methods of patentees.The market rules and no error correction mechanism,the existing procedures for obtaining the right to implement patents are flawed,and the relief of rights is in a dilemma.The current setting of the right to withdraw may lead to the abuse of the right of withdrawal by patentees,which is not conducive to open licenses.The realization of the system’s functions;finally,in view of the lack of rights,the rules for changing the license fee,restricting the patentee’s right to withdraw,granting the licensee the right to stop third-party infringement,and clearing the rules for the termination of contracts Suggestions and assumptions such as application in the field,with a view to improving China’s patent open licensing system.