On Patent Implied Licenses

At present, "the fourth revision draft of patent law" has been released, which includes the part of implied patent license. Implied patent licensing rules are defined as:under the condition that the patentee has not set the permission in written or oral, the alleged infringer may have the reasonable trust that he can use the patent freely, then he will not have to sustain the infringement liability. Implied patent license is a kind of tort, it formed a kind of contractual relationship between the party. But the general principles of the civil law of the People’s Republic of China, the law of the People’s Republic of China contract law and the patent law of the People’s Republic of China are all provide a legal basis for the implied patent licensing rules. Most patent implied license are ordinary license, its scope, period, price are according to different situation. Applicable requirements for patent implied license:imply of the patentee the alleged infringe has arised reasonable trust based on the imply of the. Alleged infringer needs to provide plenty of evidence to prove implied license. Alleged infringer needs to provide plenty of evidence to prove implied license. The implied licensing rules can uesd broadly in order to balance the interests of the patentee,we should set limits on it,such as the legal restrictions, the burden of proof limitation, and so on.