The Empirical Research Of China’s Patent License Of Right System

In order to build intellectual property rights strong country,solve the problem of low patent conversion rate,license of right system is established.This system has been implemented in China for nearly two years,and has detailed data support.The pilot work of license of right provides corresponding practical data for studying the implementation effect of this system.In order to study the implementation effect of license of right system,this thesis quantifies the application number,transaction number,number of applicants and other basic data from the implementation status of license of right,and concludes that the number of license of right applications is small and the number of license of right transactions is small.The number of License of right applicants is small and the construction of license of right platform is not perfect,and it is concluded that the system has not played an obvious role in promoting the implementation of patent transformation.In order to explore the factors affecting the operation effect of the license of right system,this thesis analyzes the three aspects of economic incentive,applicable subject and system defect,and combines with the operation of the license of right outside the territory.It concludes that the main reasons are the lack of sound incentive mechanism and the narrow scope of the actual applicable subject of license of right.The uncertainty of legal provisions is the reason that leads to the poor implementation of license of right system.In order to solve the above problems,combined with the relevant advanced practices at home and abroad,this thesis proposes to establish a sound incentive mechanism for license of right,establish the standard and price adjustment mechanism for license of right fee,and establish a license of right platform with perfect functions as the improvement suggestions.