Research On The Construction Of China’s Patent Open Licensing System

In order to solve the problem of low patent implementation and conversion rate in China,the Fourth Amendment to the Patent Law introduced the patent open licensing system,clarifying the specific procedures,licensing fees,filing and injunctions,and dispute resolution mechanisms.The introduction of the system will help to promote the implementation and use of patents and promote the realization of the economic value of patent rights.Compared with the traditional licensing model,the patent open licensing system helps implementers to efficiently obtain licenses and reduce the cost of negotiations;on the other hand,it helps the right holders to connect with implementers and accelerate the flow of patent information.However,whether the system can promote the use of patented technology and effectively improve the status quo of patent conversion remains to be discussed.It can be seen from the comparative study that the open licensing system constructed in the Fourth Amendment Draft of the Patent Law still has flaws and has a weak incentive effect for patent owners.Considering the changing market environment and the need for a more flexible system design,this article puts forward the following suggestions for system construction: increase the annual fee reduction and exemption policy for different license entities to reflect the balance between the system design and the interests of the entities;in the withdrawal link,Add the patent administrative department as the main body to withdraw to eliminate the patents with low license frequency and low utilization value to avoid waste of resources;use administrative rulings as one of the dispute resolution methods to improve the efficiency of dispute resolution;in the context of the era of big data It should also build a unified trading platform to promote the connection between patent information and market demand: Patent administration departments should perform service and supervision functions to ensure the orderly operation of the system.Through the above measures,improve the open licensing system and improve the level of patent application in China.