On the Understanding and Improvement of Patent Open Licensing System

The patent open licensing system is stipulated in the Patent Law of the People's Republic of China, which was implemented on June 1, 2021, while the Implementing Rules of the Patent Law are being revised, and during the transition period, the State Intellectual Property Office has issued the "Guide to the Acceptance of Patent Open Licensing Statement Business". In the absence of relevant practice to support it at present, the relevant provisions should be carefully sorted out with a view to a correct and effective understanding and application. First of all, the written form of patent open license statement should be expected to include electronic data and other forms considered as written; the agreed content should be permitted in addition to the statutory content; the review of the statement should be formal, and the announcement should be the pre-procedure for the patent open license contract to take effect; the term and remuneration should be clarified, and adjustment and modification should be allowed; the patentee should have the obligation to guarantee.