Notification from the shandong province market supervisory authority on piloting open patent licences
Lu city, 2022-8
Municipal market supervisory authority, relevant units:
In order to optimize the role of factor marketing in economic development and promote the application of intellectual property rights, in accordance with the circular of the office of the national intellectual property agency on the publication of a pilot work programme for open licensing of patents (2022] (no. 448), the following is the notification of the programme of work on patent open licences and related matters。
I. Overall approach
In the light of the concept, characteristics and links of the patent open licensing system in patent law, and with respect for the autonomy of market subjects in patent licensing activities, reliance on and adherence to market rules, we will direct patent holders in our province, particularly institutions of higher learning, research institutes and enterprises, to explore the application of open licensing systems for patents, to promote a number of patents that are marketable, practical and suitable for multiple applications, and to introduce free or low-cost “one-to-one” open licences to lay a solid foundation for the smooth and efficient operation of the national open licensing system。
Ii. Pilot objectives
Establishment of a provincial platform for the publication of information on open licences. The pilot pilot project of the provincial patent conversion programme (ptp) has led to the piloting of open licensing systems to promote the “one-to-one” licensing of higher education institutions and state-owned enterprises to smes. Explore the development of replicable and replicable empirical measures. Promotion of the submission of patent openings (pilots) by more than 20 institutions of higher learning, research institutes and related enterprises throughout the province, resulting in more than 200 patent openings。
Iii. Scope and duration of the pilot
The national intellectual property operating services system (nips) builds priority cities, the national intellectual property pilot model institute (nipi) and the proximity demonstration enterprise (enec), which are responsible for institutions of higher learning, research institutes, state enterprises, parks, etc. Under the shandong province patent conversion project, should be proactive in conducting pilot patent openings as required by the circular and encourage other institutions of higher education, small and medium-sized enterprises, etc., to participate actively in the pilot。
The pilot period is from the date of the issuance of this notice until the full formal landing of the national patent open licensing system。
Iv. Mandate measures
(i) establishment of a publication mechanism. Public service platform for intellectual property rights in ito shandong province, setting up an information dissemination platform for open licensing of patents throughout the province (public service platform for intellectual property rights in shandong province) in shandong province, the open licensing information platform – registering open licensing information, or accessing http://pom. Sdips. Com. Cn, click on “open licensing”), the patentee submits an open licensing information form through the platform (annex 1), which is organized by the provincial market supervisory authority to verify the validity, licensing status, pledge registration, etc. Of a patent to be issued, and to publish the licensing information form on a centralized basis on the platform。
(ii) promoting the interface between supply and demand. The national intellectual property operating services system (nips) builds priority cities, and the national intellectual property pilot model institute (nipi) and the proximity demonstration enterprise (nti) are responsible for organizing participation in the supply of, and demand for, open licences for patents, taking advantage of the opportunities offered by the activities of the institute of higher education, scientific research institutes, state-owned enterprises, parks, etc., of the project for the conversion of patents in shandong province. Supporting relevant operating centres, information platforms, professional services, categorizing open licence patentes, precise matching and positioning of enterprises. Municipalities need to direct the promotion of high-technology enterprises with patented technology needs, technology digestive capabilities, technology-based small and medium-sized enterprises, and “specially new” small and medium-sized enterprises to fast-track licensing under licence conditions announced by the patentee。
(iii) enhanced management services. The patentee is guided by the average licence amount or rate of the same industry in the data on royalties for patent enforcement issued by the national intellectual property agency during the “13th fiveth” period, taking fully into account the “one-to-one” character of open licences and achieving relative scientific, fair and low-cost pricing. Patent holders are encouraged to adopt phased, free licences, explore first-instance, after-payment, etc., to better motivate the demand side of the licence and to expand the proceeds of the licence in a reasonably effective manner. The patentee shall comply with its stated commitment and may not refuse to enter into a licence if any entity or individual accepts the conditions for the licence published in the information form. The parties to the licence may enter into a patent licence contract on their own initiative and file a patent enforcement licence contract by reference to the patent open licensing (pilot) contract template (annex 2). In the event of a transfer of patent rights by the patentee upon submission of a licence information form, it shall request the withdrawal of published information。
V. Requests for work
Municipalities need to strengthen the coordination of guidance on patent open licensing, piloting, making full use of mainstream media, government websites, etc., and promoting knowledge about open licensing and helping to guide local small and medium-sized enterprises to take advantage of patent open licensing information to acquire the required patent technology. The patent open licensing exercise will be an important element of the provincial-to-municipal composite awards and of the unit performance appraisal for patent conversion projects. In the case of patents of high quality in the pilot work, with good market prospects or with an intention to license, after full implementation of the patent open licensing system, support is given to submit a declaration of legal open patent licence to the national intellectual property agency and to review it promptly in accordance with the law. The municipalities and the relevant units must take stock of the results of their work in a timely manner, analyse the problems and make recommendations。
Contact person and telephone: du haiyang, 0531-51792399, mailbox: duhaiyang@shandong. Cn
Annex 1. Table of information on patent licences in shandong province (reference example)
2. Patent open licence (pilot) contracts (reference example)
Annex. Doc
Shandong province market oversight authority
19 august 2022
(this is a voluntary publication)
Circular of the shandong provincial market supervision authority on the piloting of open licences for patents issued by the city of lu (2022] number 8. Doc
