Research On Pricing Of Chinese Patent Open License Fee

As the core content of the patent open licensing system,the rationality of the pricing standards for open licensing fees not only affects the smooth resolution of the issues of asymmetric supply and demand of patent licensing information and high patent licensing costs,but also determines the stable operation of the patent open licensing system.When the pricing power of patent open license fees is monopolized unilaterally by the patentee,the negotiating status of the two parties in the transaction is in an unequal position,which can easily lead to negative social effects such as patent hijacking,license fee stacking,and patent market imbalance.In order to avoid unreasonable pricing standards affecting the normal operation of the system,it is necessary to establish a unified pricing mechanism for patent open license fees within the framework of patent licensing theory,providing institutional support for the construction of China’s intellectual property power.The full text is divided into the following four parts,in addition to the introduction and conclusion.The first part analyzes the problems in the pricing of patent opening license fees in China.By reviewing the provisions of Articles 50 to 52 of the current Patent Law on open license usage fees,combined with the implementation of open licenses in pilot regions,it is found that the pricing rules for open license usage fees are not perfect,the pricing standards are not comprehensive,and the flexibility of pricing determination methods is insufficient,resulting in imbalanced interests among subjects,failure of the competition order in the patent market Unnecessary increase in transaction costs and unfavorable consequences such as slow progress in opening licenses.These practical problems urgently need to be solved,so it is necessary to improve the pricing mechanism of China’s open license fees in order to facilitate the smooth implementation of this system.The second part explains the theoretical basis for pricing patent open license fees.The open license fee,general license fee,and compulsory license fee together constitute three typical license fee pricing mechanisms in the patent licensing system.Therefore,the analysis of the pricing problem of open license usage fees should return to the basic theory of the patent licensing system in order to fully leverage its institutional advantages and improve China’s patent trading system.By applying the legal and philosophical attributes of the legitimacy of the patent system,the principle of balance of interests,and the theory of "cost benefit",this thesis explores the rational basis for pricing open license fees,determines their pricing characteristics of meaning,legality,and openness,in order to maintain market security and improve transaction efficiency.The third part discusses the pricing mechanism of patent opening license fees.The pricing mechanism for patent open license usage fees includes pricing rules,pricing standards,and pricing determination methods,all of which are indispensable.The patent open licensing system has been established outside the region for a long time,and countries have rich legislative practice experience.Its pricing mechanism can provide valuable experience for China to learn from.By analyzing the pricing rules such as the pricing subject,pricing content,pricing procedure,and dispute resolution mechanism of open license usage fees,the pricing standards for open license usage fees are determined based on the calculation methods,calculation standards,pricing influencing factors,and payment methods of patent license fees.A pricing determination method that prioritizes negotiation pricing and is supported by legal protection is constructed,so that a flexible pricing mechanism can effectively improve the implementation rate of patent licenses in China.The fourth part proposes specific suggestions for improving the pricing mechanism of patent opening license fees in China.Firstly,in terms of pricing rules,propose modification suggestions such as clarifying pricing principles,adjusting the scope of pricing subjects,and improving the judicial confirmation system for patent administrative mediation agreements.Secondly,regarding pricing standards,specific measures such as clarifying the influencing factors that should be considered in pricing by judicial authorities,issuing relevant pricing guidelines,and unifying judicial discretion standards for pricing disputes are proposed.Finally,propose suggestions for improving the pricing determination method.By adding negotiation pricing and adjustment mechanisms,establishing a patent open license trading platform,improving the technical investigation officer’s functions,ensuring the feasibility of the open license fee pricing mechanism,and effectively solving the problem of low pricing efficiency of open license fees.