Research On The Implementation Path Of Patent Open License System

The basis of this paper is to discover the problems that may be encountered in the implementation of the patent open licensing system under the current regulations and the problems that already exist in the current pilot work,and to explore the path of implementation of the patent open licensing system in China by combining basic theoretical analysis with the time experience of other countries.This paper is divided into the following aspects:The first part is a discussion of the underlying theory,clarifying that the patent open licensing system is a special kind of patent licensing system with the nature of openness,voluntariness,fairness and legality,that the patent open licensing statement belongs to the offer in civil law,and that the patent open licensing system has the value of opening up information channels and promoting technological development.The second part analyses the difficulties in the implementation of the system in China.Firstly,a brief introduction is given to the provisions of the patent open licensing system in China,followed by a detailed analysis of the problems existing in the pilot patent open licensing work in various localities,and then the practical difficulties faced in the implementation of the patent open licensing system in China,which are mainly manifested in the lack of objective pricing of royalties,the lack of protection of the licensee’s rights,the imperfect construction of information sharing platforms and the lack of rules,The main difficulties faced by China in the implementation of the patent open licensing system are the lack of objective pricing of royalties,the lack of protection of licensees’ rights,the imperfect construction of information sharing platforms and the poor operability due to the lack of detailed rules.The third part of the paper explores the implementation experience of other countries,mainly in the UK and Germany.It is concluded that in international practice,the patent open licensing system is relatively well established in terms of audit and registration.Both the UK and Germany have made better use of the system by establishing appropriate information publication platforms,while France has created unnecessary obligations for parties,such as reporting obligations,which are detrimental to the implementation of the system.In addition,the ineffectiveness of measures to reduce annual patent fees is highlighted.The fourth part is an exploration of the implementation path of China’s patent open licensing system.On the basis of international practical experience,suggestions are made for the refinement of the system and the construction of a supporting system in response to the problems in China’s current patent open licensing pilot work.In terms of optimising the pricing rules for licence fees,the system should strengthen the guidance on pricing,refine the pricing rules and determine the criteria for determining licence fees;in terms of rights protection,the system should prohibit pre-litigation injunctions and injunctions,increase the remedies for patentees,give stakeholders the right to object and give licensees the right to sue;in terms of optimising the functions of administrative departments,the administrative departments should clarify their examination and registration functions,standardise their dispute mediation functions and enrich their service In the design of the incentive system,the annual patent fee waiver system should be made dynamic and the scope of policy preferences should be narrowed.