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State Intellectual Property Office Hanyun Zi [2022] No. 448

Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Sichuan Provincial Intellectual Property Service Promotion Center, and relevant local centers:

In order to thoroughly implement the decision-making arrangements of the "Outline for Building a Powerful Intellectual Property Nation (2021-2035)" issued by the Central Committee of the Communist Party of China and the State Council and the "14th Five-Year Plan for the Protection and Application of National Intellectual Property" issued by the State Council, ensure the stability of the patent open licensing system Implementation and efficient operation, vigorously promote the transformation and application of intellectual property rights, our office organized and carried out patent open licensing pilot work. The "Patent Open Licensing Pilot Work Plan" is now issued to you. Please implement it conscientiously in light of local realities. If there are outstanding problems, innovative practices, typical experiences, etc. during the pilot process, please provide timely feedback to the Intellectual Property Utilization Promotion Department of our bureau.

Notice is hereby given.

State Intellectual Property Office

May 11, 2022

Patent open licensing pilot work plan

The Patent Law, which came into effect on June 1, 2021, created an open patent licensing system. Currently, the Implementing Rules of the Patent Law and related supporting examination rules are still being revised. According to the "Interim Measures for the Handling of Examination Business Related to the Implementation of the Revised Patent Law" (State Intellectual Property Office Announcement No. 423), the patent open licensing statement during the transition period is "only accepting but not examining", and the system has not yet been officially launched. In order to implement the "14th Five-Year Plan for the Protection and Utilization of National Intellectual Property Rights", accelerate the transformation and application of intellectual property rights, and give full play to the important role of market-oriented allocation of factors in economic development, we are organizing and carrying out patent open licensing pilot work to provide patent The open licensing system has been fully implemented and preparations have been made for policies, mechanisms, platforms, projects, etc., and the following pilot work plan has been specially formulated.

1. Overall requirements

(1) Working ideas. The patent open licensing pilot in this plan is a work measure for the provincial intellectual property management departments (hereinafter referred to as the pilot provincial bureaus) to promote the "one-to-many" rapid licensing of patents by referring to the concepts and methods of open licensing. Different from the statutory open license which is received and announced by the Patent Administration Department of the State Council, the pilot provincial bureaus shall organize relevant prefectures, cities, enterprises and institutions in accordance with the principles, tasks and requirements determined in this plan and with reference to the basic concepts, characteristics and links of the open license system. Units and service platforms carry out pilot work to promote rapid licensing where the patentee’s willingness and conditions are clearly stated in advance and publicly released by the pilot provincial bureau, striving to achieve multiple effects such as stimulating supply and demand, reserve projects, explore experience and improve policies, and pave the way for patent openness The smooth implementation and efficient operation of the licensing system have laid a solid foundation.

(2) Basic principles. First, adhere to market orientation. Respect the autonomy of market entities and innovation entities in patent licensing activities, follow market rules, and effectively bring into play the role of market mechanisms. The second is to strengthen service innovation. Combined with local reality, we should develop work ideas and innovate working methods to better play the guiding role of government departments and improve the effectiveness of pilot projects. The third is to strengthen policy linkage. Comprehensive efforts will be made in all aspects of license supply, demand docking, and financial empowerment, and various tasks such as service support, demand incentives, tracking and monitoring, and platform construction will be coordinated to form a collaborative advancement work pattern.

(3) Expected goals. One is exploration mode. Give full play to the enthusiasm, initiative and demonstration role of local governments, accumulate and contribute experience, explore and form a model that can be replicated and promoted in terms of policies and measures, absorb and upgrade it into an institutional mechanism, and support the improvement of the open licensing rule system. The second is effective promotion. Mobilize and guide patent holders, especially universities, colleges and small and medium-sized enterprises to understand, familiarize themselves with and initially use the open licensing system, and play a role in promoting and warming up the full implementation of the system. The third is to achieve results. By the end of 2022, more than 100 universities, scientific research organizations, and state-owned enterprises will participate in the pilot, and more than 1,000 patent licenses will be granted, and the relevant performance indicators of the patent conversion special plan will be effectively improved.

2. Pilot method

Beijing, Shanghai, Shandong, Jiangsu, Zhejiang, Guangdong, Hubei, Shaanxi and other eight provinces that are the first batch of key supports under the patent conversion special plan, as well as newly identified key support provinces in 2022, must formulate specific plans based on this plan. Other provinces can Decide for yourself whether to develop a specific plan. Each province is encouraged to deploy pilot work in a focused manner based on the different advantages of patent supply and demand in the province. Key cities in the construction of intellectual property operation service systems, national intellectual property pilot demonstration universities and advantageous demonstration enterprises must actively cooperate in carrying out pilot work in accordance with the pilot work plan, and encourage other universities, institutions, small and medium-sized enterprises and other parties to actively participate in the pilot.

The pilot period starts from the date when this plan and the specific plans for each province are issued until the patent open licensing system is fully implemented.

3. Pilot tasks

(1) Build a licensing information release platform

1. Clarify the publishing format. When formulating the pilot plan, the pilot provincial bureaus can make specific provisions on the minimum license period and other matters based on local realities. On this basis, they can formulate a patent licensing information form (see Appendix 1) for the patentee to fill in and submit. 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.

2. Verify published content. The pilot provincial bureaus can rely on patent agencies, intellectual property operation platforms and other institutions with corresponding capabilities and credibility to verify the validity of the patent to be issued, whether there is an exclusive license or exclusive license, and whether a pledge has been registered; for practical purposes If a declaration is made regarding a new type or design patent, the patentee may be required to provide a patent right evaluation report or a search analysis report. If the license fee is obviously unreasonable, you can be reminded and given guidance.

3. Publish licensing information. The pilot provincial bureaus centrally and publicly publish licensing information forms through the verification agencies they rely on or relevant information platforms with strong credibility and influence. The publicly released information should at least include data items such as the patent number, the name of the patentee, the name of the invention, the method and standard of payment of royalties, the license period, the contact information of the patentee, etc. Under the unified organization of the State Intellectual Property Office, the open licensing information announced by each pilot provincial bureau is shared through web links, interface calls, etc., and is displayed and released on intellectual property operation and other platforms with willingness and conditions to expand the audience and enhance the Closing rate.

(2) Promote the connection between supply and demand

1. Incentives guide supply and demand. Key cities in the construction of intellectual property operation systems and national intellectual property pilot demonstration universities actively participate in various pilot work in accordance with the deployment of the pilot provincial bureaus. Universities and colleges are encouraged to select patented technologies that have market prospects, are widely used, are highly practical, and are suitable for implementation in multiple places to participate in the pilot. Guide small and medium-sized enterprises such as intellectual property advantage demonstration enterprises with strong technology digestion capabilities and "specialized, specialized and innovative" enterprises to quickly obtain licenses based on the licensing conditions announced by the patentee.

2. Expand docking channels. The pilot provincial bureaus can guide enterprises in related fields to conduct accurate matching and effectively promote targeted push based on analyzing information on relevant patent technology fields. Make full use of intellectual property exhibitions, "Intellectual Property Services Miles" and other activities to build a docking platform for both supply and demand parties. The pilot provincial bureaus should keep abreast of the licensing status, patent implementation results and other follow-up situations.

(3) Provide supporting services such as pricing guidance

1. Strengthen pricing guidance. The pilot provincial bureaus should widely publicize common payment methods such as one-time payment, commission payment, and entry fee plus commission payment to patent holders; guide patent holders to refer to the patent implementation license issued by the State Intellectual Property Office during the "Thirteenth Five-Year Plan" period The average license amount or rate in the same industry in the fee data is used to achieve reasonable, fair, and low-cost pricing; the patentee is guided to fully consider the "one-to-many" characteristics of open licensing and appropriately reduce the licensing fee standard. Encourage patent holders to carry out periodic free licenses and explore methods such as trial first and payment later to better stimulate the enthusiasm of license demand parties and expand licensing income in a reasonable and effective way.

2. Ensure transaction security. Within the area specified by the pilot provincial bureau (which may not be limited to this province), if any unit or individual accepts the licensing conditions published in the information form, in principle, the patentee shall abide by its commitment and shall not refuse to grant the license. The pilot provincial bureaus provide patent open licensing (pilot) contract samples (see Appendix 2) to guide both parties to the license to clarify their 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. If the patentee transfers the patent right after submitting the license information form, it shall request the pilot provincial bureau to withdraw the published information.

(4) Improve incentives and normative measures

1. Create incentives. The pilot provincial bureaus should combine the implementation of the special plan for patent conversion, work with relevant departments to quickly formulate incentive measures such as financial awards and subsidies, and talent title assessments, and encourage universities and colleges to formulate corresponding incentive measures. Incentive measures should be in line with the orientation of transformation and application, and should be cashed out after the license is obtained. The management of reward and subsidy funds and the verification of license implementation should be strengthened to prevent and crack down on fraudulent subsidy behaviors.

2. Carry out dispute mediation. The pilot provincial bureaus should make full use of the existing patent dispute mediation mechanism, actively mediate disputes arising during the pilot process in accordance with the law, and guide both licensing parties to safeguard their legitimate rights and interests. At the same time, the role of institutions with people's mediation functions for intellectual property disputes can be brought into play, and intellectual property protection centers and relevant industry associations can be introduced to participate in mediation work.

4. Support measures

(1) Provide business guidance. The State Intellectual Property Office strengthens policy coordination with relevant departments such as education, industry and information technology, and guides universities, institutions, and small and medium-sized enterprises to actively participate in the pilot; promptly promotes the pilot experience, and provides support, guidance, and guidance on information verification, evaluation pricing, and transaction guarantees involved in the pilot work. coordination.

(2) Prioritize connection with legal systems. For patents in various pilot projects that are of high quality, have good market prospects, or have reached licensing intentions, they are supported in submitting statutory patent open licensing statements to the State Intellectual Property Office. After the system is fully implemented, the State Intellectual Property Office will quickly review and announce it in accordance with the law.

(3) Promote and promote typical experiences. Timely select and publicly release a batch of pilot experiences or typical cases, and promote them through the State Intellectual Property Office’s government WeChat official account, China Intellectual Property News and other channels. Those with outstanding pilot results will be notified and commended.

5. Progress Arrangement

(1) Deployment stage.

Time: May 2022.

Content: The State Intellectual Property Office formulated a pilot plan and arranged to hold an online mobilization meeting. The first batch of patent conversion special plans focus on supporting provinces to complete the formulation and submission of pilot plans.

(2) Launch stage.

Time: June 2022.

Content: The first batch of key support provinces will make preparations for building platforms, selecting projects, and issuing policies; the newly identified key support provinces in 2022 will start pilot work in a timely manner, formulate and submit pilot plans.

(3) Experimental stage.

Time: July 2022 to when the system is fully implemented.

Content: The pilot provincial bureaus comprehensively organize and carry out the pilot work.

(4) Summary stage.

Time: When the system is fully implemented (or November 2022).

Content: The pilot provincial bureaus summarize the preliminary work and sort out the results of the pilot.

6. Work requirements

(1) Formulate specific plans. It is necessary to attach great importance to it, carefully design it, and formulate a specific plan for the pilot work in this province based on the overall requirements, and submit it to the Intellectual Property Utilization Promotion Department of the State Intellectual Property Office within 10 working days from the date of issuance of this plan. The newly identified key support provinces in 2022 will submit their plans within 10 working days after being officially selected. Provincial bureaus that have already carried out pilot projects can further improve the pilot plans based on preliminary work and improve the effectiveness of the pilot projects.

(2) Strengthen organizational propaganda. It is necessary to strengthen organizational mobilization, fully mobilize the enthusiasm of colleges and universities, small and medium-sized enterprises, operating platforms, etc., and complete various stages of work according to time nodes. It is necessary to organize supply and demand docking activities between the licensing parties in various ways, including online and offline. It is necessary to make full use of mainstream media, government websites, WeChat and Weibo, etc., to strengthen the promotion and interpretation of knowledge related to open licensing.

(3) Pay attention to the results of the pilot. It is necessary to timely summarize the effectiveness of the pilot, analyze existing problems, submit work briefings or government affairs information as soon as possible, and submit a comprehensive and systematic pilot summary report reflecting the effectiveness at the end of the pilot. 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. The status of 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 operational service systems and related application work.

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

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

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