This system is an innovative system for patent conversion and application, which is conducive to achieving simple and efficient "one to many" patent licensing.
In contrast, traditional licensing methods usually involve potential licensees actively seeking licenses, with relatively few and specific license objects. License conditions often require both parties to spend time and energy repeatedly negotiating and determining, which makes the transaction process more complex, costly, and relatively inefficient, and the scope of dissemination of relevant information is relatively narrow.
3.What types of patents can be applied for?
Invention patents, utility models, and designs can all apply for patent open licenses, and the latter two also require a patent evaluation report.
During the implementation of the open license, corresponding reductions or exemptions will be granted to patent owners for paying patent annual fees. (To be implemented after the implementation of the patent fee reduction policy issued by the National Development and Reform Commission, the Ministry of Finance and the China National Intellectual Property Administration)
(Download link for patent open license related forms) https://www.cnipa.gov.cn/col/col187/index.html )
(9) Other circumstances that hinder the effective implementation of patent rights.
According to the "Guidelines for Patent Examination", the licensing fee is paid at a fixed fee standard, generally not exceeding 20 million yuan; Paid as a commission fee, generally not exceeding 20% of net sales or 40% of profit. If the licensing fee is higher than the above standard, the patentee may license it through ordinary licensing or other means.
After the patent opening license declaration has passed the examination of the China National Intellectual Property Administration, it will be announced to the public through the Patent Gazette. The public can use the China Patent Publication System( http://epub.cnipa.gov.cn/ )Search for announcement information such as patent open license statements and license achievement filings.
It can be withdrawn, and the patentee shall submit a written request for withdrawal to the Patent Office, which shall be reviewed and published by the Patent Office. The revocation of an open license statement by announcement does not affect the validity of the previously granted open license.
According to the Patent Law, if there is a dispute between the parties regarding the implementation of an open license, it shall be resolved through consultation between the parties; Those who are unwilling to negotiate or cannot reach an agreement through negotiation can request mediation from the patent administrative department of the State Council (refer to the "Measures for Mediation of Patent Open License Implementation Disputes (Trial)"), or file a lawsuit with the people's court.