Research On Patent Open Licensing Royaltie

In view of the problems of asymmetric supply and demand information and low conversion of patent license implementation rate in China’s patent implementation,the fourth amendment of China’s patent law introduced the patent open license system to look forward to changing this deadlock.The vitality of the patent lies in its implementation.If the patent cannot be implemented,no matter how good the innovation is,it is just a talk on paper.From the perspective of development trend,the number of patent applications in China is increasing year by year,the innovation ability is increasing,and the quality of patent is becoming stronger and stronger.Solving the problem of patent implementation is the core issue of the economic industry.At present,China’s research on the patent open license system mainly focuses on the necessity of introduction,effect,construction framework and other aspects,focusing on theoretical analysis and research.From the perspective of implementation and implementation,this paper analyzes the specific provisions and existing deficiencies of licensing fees,and puts forward appropriate suggestions.After three times of public deliberation and consultation on the open license system,China’s patent open license system has basically taken shape,allowing the parties to negotiate on the issue of royalties,and formulating guidelines for the estimation of patent open license royalties to guide the pricing of royalties.However,there are still some problems in the specific setting of the content,such as the lack of the patentee’s pricing option,the active price change procedure,and the royalty dispute resolution mechanism.By combing the systems of foreign countries and combining the national conditions of our country,from the determination of royalties to relief and then to the change procedure,this paper suggests that the patentee and potential licensee should be granted the right to freely choose pricing,and the government price review and evaluation procedure should be equipped to ensure the realization of public interests.The patent administration department can mediate the right to dispute over royalties pricing and the additional time for subsequent royalties after the implementation of the open license The method of changing the price of the term.The first chapter of this paper mainly discusses the characteristics and functions of patent open license royalties and the changes in regulations since the introduction of the system.It comprehensively discusses the important role of royalties in the open license.Taking royalties as the primary factor for the smooth and efficient implementation of the patent open license system can quickly eliminate the resistance of patentee and enhance the initiative of applying the open license.The second,third and fourth chapters respectively discuss the provisions of license fee in the current patent law,the existing problems and the proposed amendments from three aspects.The second chapter makes a negative argument against the provisions of the current law that the patentee must specify the payment method and standard of royalties in the opening statement,and should add a variety of pricing methods to ensure the balance of interests between the parties.The third chapter starts with the price change procedure during the open license period to solve the problem of license fee change during the implementation period.Because of the nature of the patent being restricted by the public power,the fourth chapter,starting from the necessity of the intervention of the public power,should improve the public relief procedure in the whole process of the open license.