China's proposed law to promote patent application

The second review of the draft amendment to the Patent Law was submitted to the 20th meeting of the 13th National People's Congress for deliberation on the 28th.Patent implementation and application is the key link to transform innovation achievements into productive forces. The draft promotes patent implementation and application by clarifying the unit's right to dispose of job invention and creation, and stipulating the patent opening license system.

 It is clear that the unit may, in accordance with the law, dispose of the right and patent right to apply for a patent for its job invention and creation, and promote the implementation and application of relevant inventions and creations. It also stipulates that the state encourages the units that have been granted patent rights to implement property rights incentives and adopt equity, options, dividends, etc., so that inventors or designers can reasonably share the benefits of innovation.

 This patent law revision, newly established patent open license system. Where the patentee declares in writing to the administrative department for patent under the State Council that he is willing to permit any unit or individual to carry out his patent, and specifies the method and standard for payment of royalties, the administrative department for patent under the State Council shall make a public announcement and exercise an open license. If any unit or individual has the will to implement a patent open to license, the patentee shall be notified in writing, and the patent implementation license shall be obtained after payment of the license fee in accordance with the manner and standard of the announcement.

 The draft stipulates that, during the period of opening a license, the patentee may also give a general license after consultation with the licensee on the royalties of the license, but shall not give exclusive or exclusive license to the patent.

 The draft also stipulates that the administrative department for patent under the State Council shall strengthen the construction of a public service system for patent information, issue patent information in a complete, accurate and timely manner, provide basic patent data, publish patent bulletins regularly, and promote the dissemination and utilization of patent information.

 The draft also makes clear the protection of local design of products, the amount of legal compensation for patent infringement, the non-abuse of patent rights to harm the public interest or the legitimate rights and interests of others.