The Establishment Of Patent Licensing System

With the development of intellectual property law and the policy of encouraging applying patents,the inventor's awareness of patent protection has risen to an unprecedented level,the number of patents in China has shown an explosive growth,for many years it takes the first place.The monopoly rights granted to patent owners are premised on stimulating innovation activities and promoting the promotion of innovation results.This should be the fundamental purpose of the patent system.If patents would not be applied to production activities,then it increases the cost of society.Although China already has a huge patent base,it still has a long way to go before it becomes a strong country of innovation.Compared with the great powers of intellectual property,the quality and conversion rate of patents in China are at a relatively low level.How to improve the quality of patents and how to increase the patent implementation rate should be the focus of China's patent law reform.In view of the fact that China has a large amount of patent reserves and a low rate of conversion,a new patent licensing system has been added to this draft of the Patent Law,adding new ways for patent owners to fulfill their patent implementation obligations.Willingness to License means that the patentee applies for registration in writing to the patent administrative department.After examination,the licensee announces that any licensee can implement the patent as long as it satisfies applying in writing and pays the relevant license fee.Willingness to License has the support of the resource allocation theory and the balance of interests theory,which can supplement the existing patent system by reducing transaction costs in the patent market,accelerating technological transformation into productivity,and suppressing malicious infringement.Willingness to License has matured abroad.It is the first time that Willingness to License has been incorporated into China's patent system.To integrate with China's existing patent system,it is necessary to make a localized system design in the process of building the system in conjunction with the development status of China's patents.This article compares horizontally with countries with relatively mature licensing systems such as Britain,Germany,and Russia.And this article compares vertical with compulsory licensing systems and patent pools.It analyzes the supplementary role of the system to the existing system,and proposes specific proposals for content that is not clearly stipulated in the draft Patent Law in regard to the preferential policy for annual fees and the balance between the rights of patentees and licensees.