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. It is an institutional innovation in the transformation and application of patents, which is conducive to achieving simple and efficient "one to many" patent licensing, improving docking efficiency, reducing institutional transaction costs, and bridging the "last mile" of the transformation of scientific and technological achievements into new quality productivity.
The notice requires promoting the efficient operation of the patent open license system from various aspects, such as 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 reasonably estimate license usage fees, strengthening the open sharing of open license statement information, and fully leveraging the roles of all parties to promote supply and demand docking.
According to the relevant person in charge of the China National Intellectual Property Administration, according to the licensing system, the patentee voluntarily submits the patent opening license statement, and the patent licensing fee is "clearly priced", which is "advertised" by the patent administration department of the State Council to the whole society. Any unit or individual can obtain the implementation license by notifying the patentee in writing and paying the price, and all licensees are "treated equally". (Source: Xinhuanet, transferred from: official website of China National Intellectual Property Administration)
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