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Total requirements

(1) Working ideas.

In accordance with the principles, tasks and deployment requirements determined by the "Notice of the Office of the State Intellectual Property Office on Issuing the Pilot Work Plan for Patent Open Licensing" and following the rules of the market-oriented patent open licensing system, organize cities, enterprises, institutions and service platforms in Guangdong Province Carry out comprehensive pilot work, encourage innovation entities such as universities, scientific research organizations, and state-owned enterprises to select patented technologies with market prospects to participate in open licensing pilots, further broaden and smooth the circulation channels of patented technology elements, and promote the "one-to-many" rapid development of patents in the province Licensing can achieve the effects of stimulating supply and demand, reserve projects, explore experience and improve policies, promote the transformation and implementation of patented technologies to adapt to regional industrial development, and enhance the innovative development and market protection capabilities of small, medium and micro enterprises.

(2) Basic principles.

1. Adhere to market-driven development and strengthen government guidance. Follow the rules of market-oriented patent open licensing, respect the wishes of market entities and innovative entities, give full play to the role of market mechanisms, guide open patent licensing through the market, and truly maximize the value of licensed patents; attach importance to and better play the role of government guidance, and capture patents in a timely manner Open up the licensing market demand, highlight the implementation orientation of patent transformation, and support the subsequent transformation and application of patent licenses.

2. Adhere to user-oriented and strengthen service innovation. Focusing on the "dilemma" of the difficulty in converting patents in universities and colleges and the difficulty in obtaining patented technologies for small, medium and micro enterprises, targeted exploration and collection of patents with market prospects will be carried out to centrally issue open licensing patents; the role of a bridge between intellectual property service institutions will be used to innovate and open licensing Precise docking services promote the transformation and implementation of open licensing patents in small, medium and micro enterprises.

3. Adhere to results orientation and strengthen policy linkage. Give full play to the role of various intellectual property project initiatives, be result- and performance-oriented, strengthen business guidance, quality control and performance management, and work together to ensure that the pilot is effective and improve patent licensing benefits; provincial and municipal intellectual property departments should strengthen vertical linkage , Intellectual property rights and science and technology, education, industry and information and other departments should carry out horizontal linkage, coordinate service support, demand incentives, tracking and monitoring, platform construction and other work to form a collaborative advancement work pattern.

(3) Work objectives.

By promoting pilot projects, we will build a provincial-level patent open licensing leading platform and a licensing information release system for multiple patent open licensing support platforms; explore and form a set of market-oriented patent open licensing models that can be replicated and promoted, and cultivate a number of patent open licensing models. Licensing publicity and promotion point guides a group of innovative entities to implement a number of high-quality patents through open licensing; promotes the formation of a patent open licensing incentive mechanism in Guangdong Province that is more effective, services are more optimized, supply and demand are more smoothly connected, transformation and implementation are more adequate, and the work system is more efficient The patent open licensing system will be improved and more popularized, the patent conversion and implementation channels will be more diverse, and the innovation and market protection capabilities of small, medium and micro enterprises will be further enhanced. By the end of 2022, more than 100 universities, scientific research organizations, state-owned enterprises and other innovative entities in the province will participate in the pilot, and more than 200 patent licenses will be obtained, effectively improving the implementation of the patent conversion special plan.

work tasks

(1) Extensively mobilize and comprehensively understand the bottom line of open licensing of patented technologies. Convene a mobilization and promotion meeting for the pilot open licensing of patent technology in universities, colleges and state-owned enterprises across the province, and prepare a working manual for the pilot open licensing of patents; support the provincial intellectual property protection center, intellectual property operation platform, industrial intellectual property collaborative operation center and intellectual property service agencies in The province's universities, institutions, and state-owned enterprises will mine and analyze patented technologies with market prospects, and work with universities, institutions, and state-owned enterprises to form a classified patent technology supply catalog. (Intellectual Property Promotion Office, Provincial Intellectual Property Protection Center, Municipal Intellectual Property Offices at or above the local level, various institutions of higher learning, and relevant intellectual property service agencies are responsible)

(2) Establish and improve patent open licensing acceptance procedures. The Guangzhou Agency of the Patent Office of the State Intellectual Property Office is responsible for formulating guidelines for the acceptance of patent open licensing pilots, clarifying the acceptance procedures and materials, optimizing and improving the open licensing information template, and providing patent holders with a unified patent license release information form template. The patentee shall make a commitment in the license information form that the patent will not be within the validity period of the patent exclusive license or exclusive license, and shall ensure that the patent right remains valid, etc. (The Guangzhou Agency, the Intellectual Property Promotion Office, and the Provincial Intellectual Property Protection Center of the Patent Office of the State Intellectual Property Office are responsible)

(3) Establish a patent open licensing verification and value assessment consultation mechanism. Relying on the Guangzhou Agency of the Patent Office of the State Intellectual Property Office, we will verify the legal status of the patent to be issued, whether there is an exclusive license or exclusive license, and whether a pledge has been registered. If a declaration is made regarding a utility model or design patent, the patentee may be required to provide a patent right evaluation report or search analysis report. If the license fee is obviously unreasonable, prompts and guidance may be provided. Support intellectual property evaluation and evaluation institutions, intellectual property operation platforms and valuation centers to provide public welfare value evaluation and evaluation consulting services for patented technologies that are planned to be open to license, and issue corresponding evaluation evaluation or consulting reports. Support national intellectual property pilot demonstration universities and key scientific research institutes in establishing intellectual property pre-application evaluation and open licensing patent evaluation systems to consolidate the foundation for open licensing of patented technologies. (Intellectual Property Promotion Office, Guangzhou Agency of the Patent Office of the State Intellectual Property Office, Provincial Intellectual Property Protection Center, Municipal Intellectual Property Offices at or above the local level, and relevant intellectual property service agencies are responsible)

(4) Build a “1+N” provincial and municipal joint licensing information release platform. Relying on the Provincial Intellectual Property Protection Center to establish a provincial patent open licensing acceptance and information release main platform to promote the Guangzhou Intellectual Property Trading Center, Hengqin International Intellectual Property Trading Center, China (South) Intellectual Property Operation Center, and various intellectual property protection centers in the province , intellectual property operation platforms, provincial strategic industrial clusters and other key industrial intellectual property collaborative operation centers, technology transfer and transformation platforms, etc., and build a number of patent open licensing information release sub-platforms to form a licensing information release network. Encourage qualified universities and colleges to publish open licensing information on their own platforms to expand the audience of information. The Provincial Patent Open License Release Platform is responsible for coordinating the release of patent open license information in the province under the guidance of the Provincial Intellectual Property Office. Each sub-platform regularly recommends open license patent information to the provincial patent open license release platform. (Intellectual Property Promotion Office, Provincial Intellectual Property Protection Center, Municipal Intellectual Property Offices at or above the local level, and relevant intellectual property service agencies are responsible)

(5) Clarify the open license period and establish a reasonable pricing mechanism. For patented technologies that are planned to be open-licensed, according to industry classification, try to adopt a free license in the first year or set the open license fee based on the annual fee payment for that year. If you continue to carry out open licensing of patented technology in the following year or in the future and choose to pay it in one go, the license fee can refer to the average license amount or fee in the same industry in the patent implementation license royalty data released by the State Intellectual Property Office during the "Thirteenth Five-Year Plan" period. Rate, as well as the public welfare patent technology value evaluation consulting opinions provided by intellectual property evaluation agencies, intellectual property operation platforms or valuation centers, to promote the realization of relatively scientific, fair and low-cost pricing. Encourage small and medium-sized enterprises to propose to the patent holder the use of common payment methods such as one-time payment, commission payment, share price, entry fee plus commission payment, etc. to implement the license or continue to extend the open license. (Intellectual Property Promotion Office, Provincial Intellectual Property Protection Center, Municipal Intellectual Property Offices at or above the local level, and various universities and colleges are responsible)

(6) Establish a patent open licensing information release mechanism. Relying on the provincial patent open license release platform and various patent open license release sub-platforms, patent technology supply and demand catalogs and patent technology supply products are publicly released on a monthly basis. The information publicly released by the provincial patent open licensing release platform mainly includes the patent number, the name of the patentee, the name of the invention, the license fee payment method and standard, the license period, the licensed technical field, the national and regional scope of the license, and the patent rights. Data items such as personal contact information, patent evaluation or consultation reports; the information publicly released by each patent open license release platform, in addition to the information and data content released by the provincial platform, should also include the R&D team related to the released patent and the background of patent transformation and application , prospects and other extended information. Under the unified organization of the provincial patent open license release platform, the open license information of each sub-platform is shared through web links, interface calls, etc. Platforms such as the Intellectual Property Collaborative Operation Center of various industries in the province are encouraged to aggregate and publish patent open licensing information by opening special boards, establishing sub-platforms, etc., to expand the audience and increase the transaction rate. (The Provincial Intellectual Property Protection Center, Intellectual Property Promotion Office, Municipal Intellectual Property Offices at or above the local level, relevant intellectual property service agencies, and various universities and colleges are responsible)

(7) Efforts should be made to promote the precise connection between supply and demand for open patent licenses. Establish a normalized patent open licensing information collection mechanism, collect patent technology needs of enterprises and patent open licensing information of universities, institutions, and state-owned enterprises by industry and field, and intelligently match the technology needs of enterprises. Based on the principle of “who publishes, connects”, each patent open licensing platform actively assists universities, state-owned enterprises and other innovation entities to select patented technologies with market prospects, wide application, strong practicality, and suitable for implementation to participate in open licensing; Encourage universities, institutions, state-owned enterprises and other innovative subject patent licensing providers to actively connect with publishing platforms and service agencies to jointly explore and develop new models of patent open licensing, set clear and reasonable patent technology licensing conditions in advance, simplify the licensing process, and form patent open licensing "Connector" promotes open licensing of patents through multiple channels. Encourage the establishment of intellectual property operation systems in key cities, national intellectual property pilot demonstration universities, intellectual property collaborative operation centers in key parks, technology transfer and transformation centers, strategic industrial clusters and other key industry intellectual property collaborative operation centers, and intellectual property analysis and evaluation centers according to the platform release Patent information, using big data to intelligently match and accurately push open licensed patents based on correlation matching, and continue to carry out face-to-face patent technology supply and demand docking. Guide the provincial industrial intellectual property alliances, industrial parks, etc. to focus on the common needs of the industry, include open licensed patents into the public patent pool, and promote the implementation of secondary development of patented technologies. Utilize activities such as the Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Exchange Expo, the Guangdong-Hong Kong-Macao Greater Bay Area High-Value Patent Cultivation Competition, and the “Intellectual Property Services Journey” to set up special patent open licensing events and expand patent open licensing channels. (Intellectual Property Promotion Office, Provincial Intellectual Property Protection Center, Municipal Intellectual Property Offices at or above the local level, relevant universities and colleges and intellectual property service agencies are responsible)

(8) Ensure transactions related to patent open licensing. If any unit or individual nationwide accepts the licensing conditions published in the information form, in principle, the patentee participating in the Guangdong pilot shall not refuse to agree to the licensing. The intellectual property department provides patent open licensing (pilot) contract samples to both licensors, guiding both parties to clarify basic rights and obligations, agree on necessary matters, ensure the safety of licensing transactions, and promote rapid licensing. Both parties can negotiate on their own regarding the content of the license contract. All open licenses reached by the parties shall be filed with the Guangdong Provincial Intellectual Property Office as promised by the patentee. If the patentee transfers the patent right after submitting the license information form, he shall apply to withdraw the published information. Give full play to the functions of the Guangzhou Intellectual Property Exchange Center and the Hengqin International Intellectual Property Exchange Center as licensed trading centers to ensure transaction compliance. It is recommended that after the patent open license is completed, enter the trading center for transaction authentication. During the pilot period, the trading center is responsible for providing free services, and Issue a transaction authentication certificate. (Intellectual Property Promotion Office and Municipal Intellectual Property Offices at or above the local level are responsible)

(9) Establish an open licensing patent protection mechanism. Support the establishment of an infringement monitoring mechanism for open licensed patents, guide infringers to the patent open licensing platform to obtain legal authorization and operate in compliance with regulations, strengthen the administrative protection of open licensed patents, establish an information linkage mechanism, and form a closed-loop effect of operation and protection. To strengthen the mediation of open licensing patent disputes, the Provincial Intellectual Property Office guides all municipal bureaus and intellectual property protection centers to actively accept and mediate cases, and effectively safeguard the legitimate rights and interests of both parties to the license. If a patent dispute occurs during the patent open licensing pilot work, the requester can request mediation from the municipal intellectual property office at or above the local level, the intellectual property protection center, and the rapid rights protection center where the respondent is located, or he can choose the relevant industry association or the location of the parties to the dispute ( The people's mediation committee of the unit where the dispute occurs)/the place where the dispute occurs conducts mediation. In principle, the licensor should cooperate with the licensee in promoting the implementation of the patent, and the licensee should not use the information obtained from the licensor's cooperation in the implementation of the patent to damage the stability of the patent right. (Intellectual Property Protection Division, Provincial Intellectual Property Protection Center, and Municipal Intellectual Property Offices at or above the local level are responsible)

(10) Improve incentives for patent open licensing. The intellectual property department cooperates with the education, science and technology, human resources and social security, finance, state-owned assets and other departments to provide incentives and support in the transformation and application of scientific and technological achievements, talent title evaluation, financial awards and subsidies, etc. Guide and support intellectual property pilot demonstration universities, key scientific research organizations, state-owned enterprises, etc. to establish and improve internal incentive mechanisms and carry out open licensing of patents. Innovation entities such as public universities, institutes, and state-owned enterprises at or above the local level that have reached open patent licenses for small, medium and micro enterprises can be provided with financial support to support the purchase of open license patent infringement insurance, and carry out public welfare patent evaluation and evaluation and other transformation and application work. In the patent open licensing pilot project, platform institutions with outstanding performance, new operating models, high market recognition, good actual licensing results, and great promotion value will be given corresponding incentive support. (Intellectual Property Promotion Division, Intellectual Property Protection Division, and Municipal Intellectual Property Offices at or above the local level are responsible)

Safety precautions

(1) Strengthen collaborative promotion and business guidance. Organize and carry out multi-level open license acceptance business training, promptly promote pilot experience, and provide support, guidance and coordination for information verification, evaluation pricing, and transaction guarantees involved in the pilot work. Guide universities and colleges, state-owned enterprises, small, medium and micro enterprises, operational trading platforms, information verification and release agencies and other parties in the province to improve their awareness and capabilities, perform their respective duties, and work together to promote the open licensing pilot work. Markets at and above the local level shall formulate and improve detailed measures for this city in accordance with the national and provincial pilot plans with the goal of promoting the effectiveness of patent open licensing. Guangzhou, Shenzhen, and Dongguan, as key cities in the construction of intellectual property operation systems, shall formulate their own patent open licensing pilot projects. Implementation plan, relevant detailed measures and implementation plan shall be reported to the Provincial Intellectual Property Office within 10 working days after the issuance of the provincial pilot plan.

(2) Increase financial investment and policy support. Relying on the special patent conversion plan, the provincial intellectual property department organizes and implements patent conversion and application promotion projects in Guangdong universities and colleges, and state-owned enterprise patent conversion promotion projects, etc., supports universities and colleges across the province to carry out patent open licensing, and explores the establishment of a paid use mechanism for state-owned enterprise patents. In order to promote state-owned enterprises to carry out patent open licensing, support qualified intellectual property operation platform institutions to play the role of main channels to carry out patent open licensing business. Markets at or above the local level should increase investment support for patent open licensing in conjunction with the implementation of special plans for patent conversion; or provide rewards and subsidies for patent open licensing achieved in conjunction with annual budget planning.

(3) Strengthen publicity, promotion and summary evaluation. Timely select and publicly release a batch of pilot experiences or typical cases, promote them on the Provincial Intellectual Property Office's portal website and government WeChat, and make recommendations to the State Intellectual Property Office. For patents in the pilot that are of high quality, have good market prospects, or have reached licensing intentions, it is recommended that they submit a statutory patent open licensing statement to the State Intellectual Property Office. Timely summarize the results of our province's patent open licensing pilot, analyze existing problems, and extract effective experience. All cities and towns promptly submitted work briefings and pilot summaries. The effectiveness of the pilot will be an important aspect of the performance evaluation and follow-up support basis for the patent conversion special plan. Participation in the pilot will be a key component of the assessment and evaluation of national intellectual property pilot demonstration universities and key cities in the construction of operation service systems and related application work.

Implementation Plan

(1) Starting the implementation phase (May 2022-June 2022)

Formulate work plans, clarify overall goals and work tasks, improve working mechanisms, introduce relevant work plans and other supporting policies, and guide prefectures and cities to formulate detailed measures.

(2) Comprehensive implementation stage (June 2022-December 2022)

Comprehensively organize and coordinate the efforts of all parties, launch the construction of a patent open license release platform, demand mining, information release, precise docking and other tasks, and promote the implementation of various tasks.

(3) Deepening summary stage (January 2023-February 2023)

In-depth implementation of various tasks in the work plan, strengthening monitoring and evaluation and experience summarization, forming replicable and generalizable experience and practices as soon as possible, and playing a demonstration and leading role. According to national requirements, we will study the ideas and work priorities for patent open licensing in the next stage.

Attachment:1. Patent License Information Form Reference Sample.doc

　　　2. Reference sample of patent open licensing (pilot) contract.doc