| Patent right,as the legal right of the right holder to exclusively implement the technology within a certain period of time and exclude the interference of others,can stimulate the creative enthusiasm of the rights subject,including the inventor,so as to increase the oil of interest for the fire of genius.The license right system can facilitate the information docking between the two parties required by the patent technology,reduce the cost of patent licensing,so that the patentacquired technology can smoothly flow from the inventor-oriented owners to the technology demanders,users,so that the utility of patent can be maximized.In constructing this system,it is necessary to discuss its rules step by step in order,on the premise of clarifying its necessity and feasibility.This article first discusses the theoretical basis and identifies the nature of the license right as the transfer of the right to use the intangible property right as a patent right.Since the license statement is characterized as an invitation to tender,the patentee does not need to surrender excessive rights and can obtain The three persons signed the patent ex officio license contract,and reserved the opportunity for independent consultation with them on specific matters of the contract in the future,so the license tight statement was characterized as an invitation to offer.Secondly,it discusses the current situation of China’s current low total patents,low conversion rate,and concentration on scientific research institutes.It concludes that China’s patent system lacks effective conversion mechanisms and weak patent R & D capabilities,and concludes that China needs a patent of course license system to Conclusions on promoting the transformation of patented technologies and enhancing innovation capabilities.Thirdly,for the permission of course,because it conforms to the values of freedom,justice and efficiency of the law,and the value law,competition law,and supply-demand relationship law of the operation of the market economy,and it is in line with the trend of China’s single political system and the reform of the industry,university,research,and technology management system,it has feasibility.Finally,the system construction of the fourth part of the article is divided into three parts: first,the narrative is described in order from the application,examination and publication,acquisition,filing,withdrawal and revocation of the patent of course license;second,it discusses When a licensing lawsuit arises,from whether it is possible to apply for a pre-litigation injunction,whether the licensee can obtain an independent suit,how to calculate and distribute the infringement compensation;third,in order to make the operation of the patent course licensing system more stable and efficient,We have also established for the license right system including different annual fee reduction and exemption systems,patentee blacklist systems and artificial intelligencegenerated patent exceptions.The provision of patent exempt licenses cannot be secured to protect the license right system and allow patents.Of course,permission can take root and sprout,which has a more positive effect. |
