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Think Tank

The "last mile" of patent conversion

2024-03-22   

At this year's National Two Sessions, the head of the China National Intellectual Property Administration said that this year is a key year for the implementation of the special action plan for patent transformation and application. It will fully implement the patent open licensing system, promote "one to many" open licensing, reduce institutional transaction costs, and improve the efficiency of patent transformation. Unlike the traditional "one-on-one" licensing method, open patent licensing can achieve a simple and efficient "one to many" licensing that treats rights holders equally. The patentee voluntarily declared and announced by the China National Intellectual Property Administration that anyone who pays fees according to the declared price and standard can easily obtain the patent license. In recent years, the number of patents in China has grown rapidly, and the patent strength has rapidly improved. According to the 2023 Patent Statistics Report of the World Intellectual Property Organization, China has ranked first in the world in international patent applications for four consecutive years, becoming the largest source country of international patent applications. The Patent Law, which came into effect on June 1, 2021, established the patent open license system and pressed the "fast forward button" for the transformation of patent achievements in China from a systemic perspective. According to statistics, as of the end of 2023, more than 59000 patents from 22 pilot provinces of patent open licensing in China participated in the pilot program, matching and promoting to more than 110000 small and medium-sized enterprises, achieving over 17000 licenses, of which "one to many" licenses accounted for over 40%. By bridging the "last mile" of patent conversion and continuously improving the patent conversion rate, a large number of patented technologies can be transformed into real productivity, injecting more momentum into the development of new quality productivity and promoting high-quality economic development. The conversion rate of patented technological achievements largely depends on the level of conversion costs. The cost of facilitating licensing transactions between patent holders and potential patent technology implementers is an important component in the cost of achievement transformation. The main reason why a large number of technological achievements cannot be quickly and effectively transformed after obtaining patents is that transaction costs exceed expectations. The patent open license system fundamentally relieves the transaction cost constraints of patent achievement transformation, and is a good solution to the problem of inability, difficulty, and slow transformation of scientific and technological achievements. It will play an important role in promoting the transformation of patent achievements in China, especially in awakening numerous dormant patents in universities and research institutes. Last year, the General Office of the State Council issued the "Special Action Plan for Patent Transformation and Application (2023-2025)", which made special provisions for overcoming key obstacles in patent transformation. It proposed strengthening incentives for patent transformation in universities and research institutions, strengthening policy guidance to improve patent quality and promote patent industrialization, laying the foundation for the comprehensive implementation of the patent transformation open licensing system. In the future, on this basis, it is necessary to establish and improve relevant implementation mechanisms, such as building open platforms, formulating platform operation rules, strengthening professional talent teams, organizing professional training, etc. At the same time, gradually forming and optimizing transaction services, credit supervision, dispute mediation and other supporting measures related to patent open licensing. At present, Shanghai, Beijing, Shenzhen, Chongqing, Jiangsu, Sichuan and other places have deployed the revitalization of existing patents around universities and research institutions, vigorously promoting the industrialization of patents and striving to promote the transformation of patents from universities and research institutions into real productivity. Revitalize the patents owned by universities and research institutes, and provide them through open patent licensing

Edit:GuoGuo Responsible editor:FangZhiYou

Source:gmw.cn

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