Research On The Construction Of Information Disclosure Rules For Patent Open License

The patent open license system has the function of weakening the effect of information asymmetry,which can improve transaction efficiency,reduce transaction costs,and mobilize transaction enthusiasm.However,it is still in the early stage of legislation so that the regulations on the dissemination and circulation of information in the patent open license system are relatively scattered.A complete system of rules has not yet been formed,which will objectively limit the ability of the patent open license system to weaken the information asymmetry effect.Therefore,based on the common features between securities trading and patent open license trading,the mature experience of information disclosure rules in the securities field should be used as reference in the systematic construction of information disclosure rules for patent open license with principles of good faith and authenticity of information disclosure and mandatory disclosure of information.It can correspond with the openness of the system to achieve a balance of interests between subjects,and also improve the current way of patent information publishment to break information barriers.In terms of elements of rules,the patentee,as the subject of application of the rules,fulfills the obligation of initial information disclosure and continuous information disclosure.The patent open license information publicity platform should be constructed as the carrier of the rules and be given transaction attributes.Patent open license statement,periodic report,interim report and other documents should be taken as disclosure objects to achieve static and dynamic balance of information.China national intellectual property administration performs the functions of information intermediary service,information supervision and protection,as the main institution responsible for rule operation and supervision.In the construction of specific rules,the content,process or method of information disclosure obligations of the open license patentee and the legal consequences of flawed performance need to be reasonably arranged,through which the rationality and completeness shall be realized in the information disclosure rules for patent open license to be proposed in this dissertation.