Research On Patent Open Licensing System

The open license of patent has the characteristics of voluntariness and openness,which is constructed under the theory of freedom of contract and interest rebalancing.Some problems exist in license fees,permanent injunction and discount of patent fee.It is suggested that the patentee should set the price by himself,and introduce the model contract and the price changing procedure.The patent administrative department is mainly responsible for the formulation of the model contract,which can refer to the practice of the Standard-Essential Patents.The price changing procedure are legal and can improve the efficiency of open patent licensing.Litigation injunction in patent infringement has undergone a change from universal application to restricted application.In order to protect public interests and prevent abuse of rights,the application of permanent injunction should be restricted.Restricting the application of the permanent injunction will not lead to the invalidation of the incentive policy of the patent system and encourage free riding behavior.In order to reduce opportunism,permanent injunctions are applied in exceptional cases,and punitive damages are applied at the same time.The discount of patent fee is legitimate and necessary.The quality of patents will not be reduced.During the period of validity of the open license,the patentee can get the discount of patent fee.The proportion of preferential annual fees shall be reduced year by year.After the patentee withdraws the open license declaration,the preferential annual patent fee shall be paid.