Research On Legal Issues Of Patent Licensing In My Countr

The newly enacted "Patent Law" in 2020 has adjusted and improved China’s patent system.The content of the adjustment covers a wide range of aspects,including innovation,management,application and protection in China’s patent work.In terms of creating and maintaining the legitimate rights and interests of patentees,and also in encouraging the implementation and use of patent rights,it is especially obvious in the innovation of patent licensing system,which stipulates the patent open licensing system.The real value of patents is not only realized by the patent owners themselves,but also achieved by means of licenses to a large extent.my country’s patent applications and authorizations have been at the forefront of the world for many years.However,in sharp contrast,my country’s patents The licensing level has been hovering around 10%,and the level of patent application is not high.The introduction mainly introduces the research background,purpose and significance,briefly introduces the domestic research status and foreign research status in this field,and defines the research content,research methods and innovation points of the article.Patent licensing is an important way of patent application.Studying and solving legal problems in patent licensing is not only in line with the interests and demands of both parties to the patent license,but also conducive to improving the level of patent application in my country.The overview of patent licensing mainly explains the concepts of patents and patent licensing,briefly introduces the characteristics of patent licensing and the types of patent licensing,and introduces the legal provisions and deficiencies of patent licensing in my country.The meaning of "patent" in this article is not specified,and its meaning refers to the patent rights owned by the patentee,that is,the patentee licenses the patent rights owned by the patentee.Patent licensing should not be regarded as a positive right of domination,but should be regarded as a negative right of exclusion according to the practices of extraterritorial countries or regions and the nature and characteristics of patent licensing rights.At present,my country has formed a relatively complete patent licensing legal system,but the legal system inevitably has a certain lag,and the legal systems at all levels have not been well connected.With the progress of society and economic development,my country’s patent licensing system is exposed.a lot of questions.There are many legal issues worthy of discussion in patent licensing in my country.In view of the limited space of this article and the limited level of authors,only some of the legal issues are selected,and the legal issues in the patent licensing transaction,the compulsory patent licensing and the legal issues in the open patent licensing are divided.be researched.For the study of the above legal issues,the article follows the steps from raising the question,to the analysis of the legal issue,to the resolution recommendations.The article will focus on the exploration and analysis of the legal issues in patent licensing,combined with the actual situation of our country’s current legislation,and combined with the legislation of foreign countries or regions,summed up the legislative deficiencies of our country’s patent licensing,some legal issues Not only at the level of legal system,but also at the level of patent licensing practice.Some legal issues are particularly prominent in the practice of patent licensing,but fundamentally it will still be a problem at the level of legal system,and the relevant legal system needs to be further improved.be resolved.In terms of suggestions for solving legal problems,it is not limited to suggesting the improvement of the legal system,but also proposes solutions from the aspects of strengthening supervision,building a transaction docking platform,and establishing a management organization.The blocking point of the development of patent licensing,and promote the improvement of my country’s patent licensing level.