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Our country will comprehensively implement the patent open licensing system.
Release time:
2024-07-19
In order to promote the efficient operation of the patent open licensing system and expand the models and channels for patent transformation and application, the National Intellectual Property Administration recently issued a notice on comprehensively advancing the implementation of the patent open licensing system.
The notice clarifies the basic meaning of patent open licensing: patent holders voluntarily submit a patent open licensing declaration, clearly pricing the patent licensing fees, which are widely publicized to society by the patent administrative department of the State Council. Any unit or individual can obtain an implementation license by notifying the patent holder in writing and paying the listed price, treating all licensees equally.
According to reports, China's universities and research institutions hold a large number of valid invention patents, but the conversion rate is relatively low. On the other hand, many enterprises, especially small and medium-sized enterprises, lack patent technology. To improve the industrialization rate of patent achievements, it is urgent to further unblock the key bottlenecks in patent transformation and application. Among them, patent open licensing is an important institutional innovation.
Patent open licensing is a special patent license newly established in the fourth amendment of the Patent Law of the People's Republic of China. The implementation of a simple and quick "one-to-many" patent licensing will help improve docking efficiency, reduce institutional transaction costs, and unblock the "last mile" of transforming scientific and technological achievements into new productive forces.
Further promoting the implementation of the patent open licensing system cannot be separated from standardized mechanism construction. The notice promotes the efficient operation of the patent open licensing system from multiple aspects, including guiding patent holders to standardize the submission of open licensing declarations, facilitating pilot projects to conveniently transition to open licensing, guiding patent holders to reasonably estimate licensing fees, and strengthening the open sharing of information on open licensing declarations.
For example, in the implementation process of the patent open licensing system, an important link is to clarify the payment standards for licensing fees to reach a consensus on licensing fees or rates between the two parties in the transaction. The notice further clarifies the standards in this regard, proposing that "if the licensing fee is paid at a fixed fee standard, it generally should not exceed 20 million yuan; if paid as a commission, it generally should not exceed 20% of net sales or 40% of profit," and emphasizes the need to widely promote common payment methods for patent licensing fees, such as one-time payments, commission payments, and entrance fees with additional commissions.
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