What are the characteristics and advantages of the patent open licensing system?


Release Time:

2022-09-07

A: The newly revised Patent Law is based on China's national conditions and draws on the experience of other countries, adding an open licensing system to promote the implementation and application of patents.

Patent open license means that after the right holder has obtained the patent right, he/she voluntarily submits to the national patent administration department a declaration of open license, specifying the license fee, which shall be announced by the national patent administration department. During the patent open license period, any person may exploit the patented technological achievement in accordance with the conditions of the patent open license.

Compared with the previous patent licensing, we can simply understand open licensing as a "one-to-many" and fast licensing system. There are three main features of this system:

First, promote the docking of patent licensing information. The licensing information announcement of the State Intellectual Property Office builds a bridge of information communication between the licensor and the licensee, which is conducive to the docking of the supply and demand sides.

Second, improve the efficiency of patent licensing negotiations. Both sides of supply and demand can reach a license in a simple way, eliminating complex negotiations and reducing the cost of licensing.

Third, reduce the transaction risk of patent licensing. The open license system establishes a license information disclosure and dispute mediation mechanism, and the licensee can fully understand the conditions of the license in advance.

In May 2022, the State Intellectual Property Office launched the pilot work of patent open license, and Guangdong Province is one of the pilot provinces. As of October 24, the provincial patent open license publishing platform in our province has publicly released 792 patent open license information. We welcome more innovative entities such as universities, research institutes and state-owned enterprises to actively participate in the work of patent opening and licensing.

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