Open licensing of patents: Promote the transformation and increment of patent stock (Intellectual Property News)-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Open licensing of patents: Promote the transformation and increment of patent stock (Intellectual Property News)

Release Time：

2022-05-25

In the past year, this system has attracted widespread attention from rights holders and other sectors of society. Recently, the State Intellectual Property Office issued the "Patent Open Licensing Pilot Work Plan" (hereinafter referred to as the "Plan"), summarizing local pilot experiences and accelerating the smooth implementation of the system. Enriching technology supply for small and medium-sized enterprises "Our company's existing equipment can only weave flat fabrics with a thickness of 2 mm to 3 mm. Over the years, we have been developing new equipment, but there has been no breakthrough. This patent with a free license can be effective Solving our technical problems is expected to bring more than 30% growth in output value to the company." Ni Zhiqi, deputy general manager of Huzhou Modern Textile Machinery Co., Ltd., said in an interview with this reporter. Zhejiang Province is my country’s

How to broaden licensing channels, how to improve licensing efficiency, how to clarify licensing fees... For many small and medium-sized enterprises that urgently need to improve their technical level through patent licensing, the above problems are the dilemmas they often encounter. Today, the patent open licensing implemented in our country The system is expected to solve the above problems.

The newly revised Patent Law, which was implemented on June 1, 2021, added a new patent open licensing system. The patentee voluntarily declares and is announced by the State Intellectual Property Office. Anyone who pays the fee in accordance with the declared price and standards can easily obtain a patent implementation license. Different from the traditional "one-to-one" licensing method, open licensing can realize the "one-to-many" licensing that rights holders are treated equally, is simple and fast, and is conducive to promoting the connection between supply and demand, improving negotiation efficiency, and reducing institutional transaction costs.

Enrich technology supply for small and medium-sized enterprises

"Our company's existing equipment can only weave flat fabrics with a thickness of 2 mm to 3 mm. Over the years, we have been developing new equipment, but there has never been a breakthrough. This patent with a free license can effectively solve our technical problems. , is expected to bring more than 30% output value growth to the company." Ni Zhiqi, deputy general manager of Huzhou Modern Textile Machinery Co., Ltd., said in an interview with this reporter.

Zhejiang Province is one of the first places in my country to explore open patent licensing work. In October 2021, Zhejiang Province released 379 patent information from 24 universities and scientific research institutions in the province, open to all enterprises in the province for free licenses, and the Zhejiang Provincial Intellectual Property Office issued patent information to the first batch of 6,365 companies through the precise patent matching system. Enterprises push.

"The maximum single license period for these patents is 5 years, ensuring that we have sufficient time to invest in secondary research and development and product testing." Ni Zhiqi said that based on the push information, they found Wu Zhenyu, a professor at Zhejiang Science and Technology University, who patented "a kind of technology suitable for three-dimensional The first inventor of the "yarn carrier and feedback system for knitting binding yarn control", the company has obtained a patent license. On the basis of this patent, the company and Wu Zhenyu’s team have continued technical cooperation and have now applied for the Zhejiang Province Vanguard Project.

"I especially hope that my inventions and creations can be used in production and life, but we are usually busy with scientific research work and do not have enough energy to industrialize scientific research results. Therefore, this patent has not been used for five years." Wu Zhenyu told reporters, the patent Open licensing adds a conversion channel while retaining ownership of the patent, and he hopes that his other patents can also be "useful" through this channel.

According to the Patent Law, during the implementation period of open licensing, the annual patent fee paid by the patentee shall be reduced or exempted accordingly. Zhejiang supports universities and colleges in the province to license patents to small, medium and micro enterprises in the province through or by reference to the open licensing form. During the licensing period, financial support will be provided every year at a maximum of 50% of the actual annual fees paid; support service agencies to build open platforms , by providing accurate matching, information push and other services, if a total of more than 50 license contracts are promoted and filed, a one-time reward of up to 500,000 yuan will be given. The above measures have become the guarantee for the implementation of the patent open licensing system. Currently, Zhejiang Province has registered 306 patent licensing contracts.

"My country's universities and colleges have a large number of high-quality patents, but due to the lack of connection with technology, products, and market demand information, they have not been able to be transformed and implemented in a timely manner." Cao Xinming, director of the Intellectual Property Research Center of Zhongnan University of Economics and Law, believes that the patent open licensing system has accelerated the Patent conversion and application realize the transformation from rights to income. Small and medium-sized enterprises also have broader technology supply channels, and can obtain new technologies at lower costs, thereby promoting the company's high-quality development.

Based on local pilot trials, this year, the system is expected to be implemented in greater depth across the country. According to the deployment of the "Plan", 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 obtained.

Improve licensing efficiency on both supply and demand sides

The National Technology Market Statistical Annual Report shows that the national patent implementation licensing contract turnover in 2020 was 81.57 billion yuan, accounting for 34% of the national technology transfer contract turnover, and has increasingly become an important channel for technology transfer. The "China Patent Survey Report 2020" shows that my country's effective patent licensing rate in 2020 is 6.3%, with great room for growth. The open, transparent, simple and fast characteristics of open licensing can help patents find "recipients" on a wider scale.

"The "Plan" clarifies the basic principles of adhering to market orientation, strengthening service innovation, and strengthening policy linkage. It not only respects market rules, but also encourages better use of the government's guiding role, emphasizing the advantages of all parties and strengthening coordination and linkage." State Intellectual Property Office The relevant person in charge of the Intellectual Property Utilization Promotion Department said.

In order to do a good job in the pilot work, the "Plan" proposes specific measures. For example, in terms of promoting the connection between supply and demand, the "Plan" proposes to encourage colleges and universities to select projects that have market prospects, are widely used, are highly practical, and are suitable for implementation in multiple places. patented technology 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. Pilot areas can, on the basis of analyzing information on relevant patented technology fields, guide enterprises in related fields to carry out precise matching and effectively promote targeted push. At the same time, the "Plan" requires pilot areas to clarify the release format of patent licensing information, verify the release content, and release licensing information; strengthen pricing guidance, ensure transactions, and expand licensing income in a reasonable and effective manner; improve incentive and regulatory measures, and improve the pilot process Actively mediate disputes arising in accordance with the law.

According to the above-mentioned person in charge, focusing on the implementation of the patent open licensing system, the State Intellectual Property Office publicly released statistical information such as the amount of patent licensing royalties and commission rates in various industries of the national economy for the first time last year, providing important data reference for the reasonable determination of licensing rates. Currently, based on the research on patent evaluation guidelines, special pricing guidelines are being developed for open licensing scenarios.

Currently, the patent open licensing system has received positive response from patent holders. The reporter learned that in addition to universities, a group of large enterprises have submitted patent open licensing statements to the State Intellectual Property Office. "This behavior is very common in the international market. Large enterprises can improve the efficiency of patent licensing negotiations through the open licensing system, and can also use this to broaden the layout of the industrial chain." Cao Xinming said.

The "14th Five-Year Plan for National Intellectual Property Protection and Utilization Plan" proposes to establish and improve the patent open licensing system and operating mechanism. At present, the system is in an important transition period before full operation, and it is also a critical window period to promote the pilot. Local pilot work will lay more practical foundation for the implementation of this system. (Reporter Wu Ke)

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