Following the last revision of the Implementing Regulations of the Patent Law of the People’s Republic of China officially (effective January 20, 2024), the open licensing system has been fully implemented.
To promote the efficient operation of the open licensing system and expand the methods and channels for realizing commercialization of patents, CNIPA issued the “Notice on Comprehensively Promoting the Implementation of the Patent Open Licensing System”.
The patent open license is a special patent license newly under in the fourth amendment of the Patent Law of the People’s Republic of China. It is an institutional innovation in the transformation into economic benefits and the 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 patentee voluntarily submits a patent open license statement, and the patent license fee is “clearly priced”. CNIPA will publicize it to the whole society. Any unit or individual who notifies the patentee in writing and pays according to the price can obtain the implementation license, and all licensees will be treated equally.
