Research On Patent Open License System

In the fourth revision of the patent law,the patent open license system was added.At present,the main problems existing in China’s patent open license system are: firstly,there is no fixed standard for patent open license fee;Moreover,there are no corresponding supporting measures for the reduction and exemption of annual patent fees;The application of pre litigation injunction in patent open license also faces a series of difficulties,such as how to regulate the abuse of pre litigation injunction and how to judge "irreparable damage";As a way of relief,administrative mediation also has the defects of low efficiency,cumbersome implementation procedures and no basis.The lack of registration function of public power organs has also buried the hidden danger of monopoly in the patent opening license market;In terms of the amount of damages,how to clarify the corresponding range remains to be solved.This thesis analyzes the countermeasures to deal with the above problems in detail.The countermeasures include: learning from and applying the fair,reasonable and non discrimination principle of standard essential patents in the determination of patent opening license fee,and applying the prior examination mode;Establish incentives including application,review,information disclosure and hearing procedures;To implement the pre litigation injunction of patent opening license by formulating abuse punishment clauses and taking the decision of the administrative department as the ruling reference;Determine the amount of infringement by considering the subjective malignancy and harmful consequences,and use the refined multiple to determine the compensation range in limiting the amount of compensation;The patent registration system is open to the patent registration;Establish the relief path of adjudication or litigation and the collective management organization of patent rights to fill the defects of infringement relief.