Research On Patent Open License System In China

In the process of building a strong science and technology nation,the Patent Law(2020amended version)has added a patent open licensing system,which fully respects the principle of autonomy and is supplemented by the administrative service function of the patent administration department,mainly in response to the realistic problems such as the low conversion rate of patents in China and the information asymmetry in the patent trading market.As an "imported product",it is urgent and far-reaching to study how this system can be adapted to the current situation of patent development in China and how to achieve the expected results on the ground.In this paper,the patent open licensing system in China is the subject of study.After summarising the background,the current situation at home and abroad,research ideas and research methods,the basic principles and contents of the open licensing system are sorted out,including the definition,nature and comparison with other licensing methods.At the same time,the current research results of the academic community are summarised and summarised.Based on the current state of implementation of the system,the paper analyses the main real audiences of the system and gives examples of the practical advantages of the system.It then turns to other countries and compares the relevant legal provisions of countries that have established such a system,summarising the provisions on applicants,annual fee concessions and withdrawal procedures,and then analyses the possible problems with the patent open licensing system in China’s Patent Law based on the current situation in China.Further refinements should be made in the concrete implementation of China’s Patent Law,otherwise,the patent open licensing system will face the risk of unrestricted withdrawal procedures and unclear government functions.In addition,the fixed royalty rate is not appropriate for the flexible and dynamic nature of patent transactions,and for the patentees of utility model and design patents,the current patent rights evaluation mechanism not only imposes additional costs on them,but also discourages them from engaging in open licensing.Therefore,this paper makes recommendations in light of China’s national conditions: firstly,the powers of the patent administration should be further clarified,the form of review of open licence declarations should be increased,and an information disclosure platform should be established under the leadership of government departments;secondly,a market-based model of patent rights evaluation reports should be established,a flexible approach of phased and differentiated reduction of annual patent fees should be adopted,and the variable price of patent licence fees should be increased.rules,and increase the restrictions on the procedure for withdrawal of open licence declarations.Under the condition of ensuring freedom of contract,the possible obstacles to implementation and legal risks are resolved,and the smooth and effective operation of the patent open licensing system is ultimately promoted.As far as the current status of the implementation of the patent open licensing system in China is concerned,the system does not lead to a rapid increase in the efficiency of patent conversion and obtains very obvious results,and it still needs to work together with other licensing methods.