CNIPA ISSUES INSTRUCTIONS ON PATENT OPEN LICENSE TO LOCAL AUTHORITIES

The China National Intellectual Property Administration (CNIPA) has recently released a Trial Program for an open patent license, mainly instructions for provincial authorities, in an attempt to follow the instructions of the IP Founding Country Plan (2021-2035) and the 14th Five-Year National Plan for the Protection and Application of Intellectual Property, ensuring the smooth implementation and effective functioning of the system of open patent licenses and stimulating the commercialization of intellectual property.

Referring to the basic concepts, the structure of the system, and the relevant links for the implementation of the open license system established by law, the Program defines measures for provincial IP authorities to promote the commercialization of patent licenses, the organization of subordinate local authorities, companies/organizations and service platforms, to start testing projects to materialize rapid licensing with intentions and conditions approved by patent holders and published by provincial IP authorities. Numerous effects, including stimulating supply and demand, reserving worthy projects, learning from experience, and fine-tuning policies, aim to harmonize aspects of policy, regime, platform, and project for the full implementation of the open license system.

The program establishes three main principles of following market trends, strengthening innovations in the service sector, improving the integrated operation of various policies, clarifies trial tasks in four aspects: creating platforms for publishing declarations, promoting the link between supply and demand, offering support services, improving incentives and regulatory measures. Trial projects will help to test the experience and methods that are worth promoting in broader areas, prepare for the full implementation of the system, select and reserve expensive patents suitable for an open license, and eventually materialize many results of patent communication.

CNIPA has always paid attention to the implementation of an open patent license. Commissioner Shen Changyu and Deputy Commissioner Lu Pengqi recently organized a meeting, where tasks were set for the implementation of works under an open license and it was stated that trial work is one of the key tasks. In the future, CNIPA will strengthen instructions for local authorities, promote model experience and steadily conduct trial work.