Research On The Perfection Of Patent Open License System In China

China’s newly revised Patent Law has been implemented since June 1,2021.It is hoped that the "dormant" patents can be revitalized through the implementation of the open licensing system,so that the patent assets can be truly transformed into social wealth.The following problems need to be studied in the implementation of China’s patent open license system: In our country,the open license implementation way is only offer way.A reasonable announcement license fee can guide more licensees to implement the patent.Because the patentee lacks pricing experience,there are some problems in the pricing mechanism and price adjustment mechanism of the announcement license fee.In view of the restriction effect of "patent jungle" on the implementation of open license system,how to break the restriction problem of "patent jungle" on the implementation of open license system from the system;The decision of the patentee to withdraw the open license at any time may affect the enthusiasm of the potential licensee to implement the open license,make the current withdrawal system restrict the implementation of the open license system.Through literature analysis method,semantic analysis method,case analysis method,comparative research method to demonstrate,to improve the current patent open license system.For the pricing mechanism of the public announcement license fee in the open license,it is suggested to improve the Article 51,paragraph 1 of our Patent Law.Within a certain period of time after the opening license fee announcement,it is given the opportunity to adjust the public announcement license fee,so as to make the standard of public announcement license fee more reasonable.Due to the changes of patent law status,market changes and other factors that change with time,it is suggested that the patent owners should adjust the rights of license fee standard in the notice regularly when the Patent Law Implementation Rules were newly added.In view of the restriction effect of "patent jungle" on the implementation of open license,it is suggested to introduce the scheme of patent search institution assisting the patentee to search when revising the new Implementation Rules of Patent Law.In view of the improvement of the withdrawal system of the open license system,it is suggested that the withdrawal conditions of the patentee should be appropriately restricted when the second paragraph of Article 50 of the Patent Law is perfected,so as to guide more potential licensees to use the open license system to implement the patented technology.