Research On Patent License Of Right

The License of right has many years of mature practical experience abroad,and China has introduced the system in the fourth revision of the Patent Law,striving to overcome the asymmetry of patent licensing supply and demand information,aiming to reduce the cost of patent licensing and promote the implementation and application of patents.The introduction and implementation of the patent open licensing system not only enriches the types and methods of patent exploitation and licensing in China,but also provides a new way for China to solve the problems of patent efficiency,low maintenance rate and low conversion rate of patent technology.An open license is when a patentee makes a statement through a notice from the patent granting authority stating that anyone who wishes to exploit his patent may obtain a license to exploit the patent by paying the prescribed license fee.Open licensing falls under the category of voluntary licensing,but governments can participate by providing related services.The provisions on patent open licensing in the new Patent Law,which came into effect on June 1,2021,contain three provisions Articles 50,51 and 52,which clearly construct the institutional framework for patent open licensing,but the specific operational issues need to be further refined and determined in the implementation rules of the new Patent Law,and the Detailed Rules for the Implementation of the Patent Law in China are currently being revised.The effective implementation of the patent open license system in China requires expanding the declaration subject and communication channels of the open license,clarifying the pricing mechanism,declaration withdrawal rules and dispute resolution methods.From the perspective of extraterritorial practice,the provisions of different countries on patent open licensing have both similarities and localizations,and their commonalities are mainly reflected in the encouragement of preferential annual fees,respect for the autonomy of the parties,and attention to the balance of interests of all parties.Drawing on external experience,the improvement and implementation of open patent licensing system in China should,under the guidance of the principle of interest balance,contract freedom and the combination of government service and market mechanism,expand the scope of open license statement,introduce the open license system,improve the efficiency of licensing transactions,to promote the realization of the legislative goal.