Research On The Rules Of Annual Fee Reduction And Exe Mption For Patent Open License

The annual fee reduction and exemption rules for patent open licenses are an important part of the patent open license system.The purpose of legislation is to encourage patentees to voluntarily implement open licenses to promote patent implementation and utilization.The annual fee reduction and exemption rules for open patent licenses can balance the cost of the patentee’s implementation of open licenses and facilitate the popularization of open licenses.Its establishment is necessary;rational economic people seek benefits and avoid disadvantages and foreign practical experience proves that the incentives for annual fee reductions are effective and the loss of social and public interests and the cost of reducing the annual fee receivable are reasonable,and its establishment is feasible.The application of the rules for the reduction or exemption of annual fees for open patent licenses requires the clear conditions,duration and extent of annual fee reduction and exemption,and whether to make up payment after revocation.However,the current Patent Law does not specify the conditions and period for annual fee reduction or exemption,and there is no provision for annual fee reduction or exemption.The range and whether to make up after revocation,there are loopholes in the vagueness and lack of rules from the beginning,and it cannot be applied.In order to prevent low-value patents from free-riding,the annual fee reduction should be limited to patents with actual value,and the condition for the annual fee reduction should be determined that the patentee actually makes an open license,rather than the patentee implementing an open license.In order to be compatible with the conditions of the annual fee reduction,the period of the annual fee reduction and exemption "open license implementation period" should be determined as the authorized implementation period,not the effective period of the open license statement.In order to give full play to the incentive effect of the annual fee reduction and exemption rules,the range of annual fee reduction and exemption can be determined as the exemption for invention patents and the halving for utility model and design patents.In view of the fact that the patentee has actually made an open license to grant the annual fee reduction or exemption,the reduced or exempted annual fee should not be repaid after the revocation of the open license declaration.