China will fully implement the patent open license system
2024-07-17
In order to promote the efficient operation of the patent open licensing system and expand the mode and channel of patent transformation and application, the China National Intellectual Property Administration recently issued a notice on comprehensively promoting the implementation of the patent open licensing system. The notice clarifies the basic meaning of patent open license: the patentee voluntarily submits a patent open license statement, and the patent license usage fee is "clearly priced". The State Council's patent administrative department will "publicize" it to the whole society. Any unit or individual who notifies the patentee in writing and pays according to the price can obtain the implementation license, and all licensees will be "treated equally". It is reported that Chinese universities and research institutions have a large number of valid invention patents, but the conversion rate is low. On the other hand, a large number of enterprises, especially small and medium-sized enterprises, lack patented technology. To improve the industrialization rate of patent achievements, it is urgent to further overcome the key obstacles in patent transformation and application. Among them, patent open licensing is an important institutional innovation. Patent open license is a special patent license newly established in the fourth amendment of the Patent Law of the People's Republic of China. Implementing a simple and efficient "one to many" patent license will help improve docking efficiency, reduce institutional transaction costs, and bridge the "last mile" of transforming scientific and technological achievements into new quality productivity. Further promoting the implementation of the patent open licensing system relies on the construction of standardized mechanisms. The notice aims to promote the efficient operation of the patent open license system by guiding patent owners to submit open license statements in a standardized manner, facilitating the transition of pilot projects to open licenses, guiding patent owners to estimate license usage fees reasonably, and strengthening the open sharing of open license statement information. For example, in the implementation process of the patent open license system, an important step is to clarify the payment standards for license fees, in order to reach a consensus on license fees or license rates between the trading parties. The notice further clarifies the standards in this regard, proposing that "if the license fee is paid at a fixed fee standard, it generally does not exceed 20 million yuan; if it is paid at a commission fee, it generally does not exceed 20% of the net sales or 40% of the profit", and emphasizes the need to widely promote common patent license fee payment methods such as one-time payment, commission payment, and entrance fee additional commission. (New Society)
Edit:He Chuanning Responsible editor:Su Suiyue
Source:People's Daily
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