The Establishment Of China’s Patent License Of Right System

The patent license of right system is a relatively common system to encourage the transformation of patent technology in the world.At present,the development of patent market in China is in a predicament of low rate of implementation of patent technology transformation and low level of industrialization application.It is necessary to reform the current patent system and establish a reasonable and perfect patent license of right system based on the actual situation of the economic and social development of its own and in combination with the practical experience of foreign countries.This thesis will also analyze the operating status of the current patent system in China,and focus on the British permissions system,and combine the relevant provisions of Germany,France,Thailand and Brazil to analyze the reference of the patent license of right system for extraterritorial patents,and finally put forward a practical and feasible construction for the construction of patent license of right system in China.First of all,this thesis will clearly define the concept of the patent license of right system.By analyzing the existing views and theories on the meaning of patent license of right in academic circles,this thesis will generalize and prove the meaning of patent license of right,and put forward its own views.On this basis,the characteristics of the patent license of right system are analyzed,including license of right initiative,voluntary and characteristics such as patent licensing fee discount and so on.Secondly,this thesis will analyze and compare the patent license of right system in different countries and regions.The country with the most perfect patent license of right system is Britain,so this thesis will focus on the analysis of the patent license of right system in Britain from the establishment,evolution and implementation of the patent license of right system in Britain.Based on the analysis of it,the thesis will analyze the patent license of right system in France,Germany,Thailand and Brazil.Finally,this thesis will study and analyze the related problems in the construction of the patent license of right system in China.This thesis will analyze the practical significance of the patent license of right system from four aspects: enhancing the transparency of patent information,perfecting the patent trading market,improving the patent conversion rate and reducing the transaction cost of patent licensing.What’s more,this thesis will analyze the necessity of the patent license of right system in China from four aspects: the need of China’s current situation,the need of perfecting the patent trading market,the need of the reform of the current scientific research management system and the need of changing the status quo of achievements transformation.On this basis,this thesis will analyze the patent license of right system proposed in the revised draft of the Patent Law,and on the basis of the above analysis,summarize the problems existing in China’s patent system,namely,policy incentives,policy fairness and institutional lag,and make a specific analysis of these problems.