CNIPA Issues Guidelines For Estimation Of Royalties For Patent Open License (Trial Version)

On October 14, 2022, in order to thoroughly implement the State Council's deployment on "establishing and improving the patent open licensing system and operation mechanism", promote the smooth implementation and efficient operation of the patent open licensing system, guide patentees to scientifically, fairly and reasonably estimate the royalties for patent open license, and promote market-oriented pricing and licensing, the China Intellectual Property Administration (CNIPA) issued the Guidelines for Estimation of Royalties for Patent Open License (Trial Version).

The Guidelines include three parts: general provisions, estimation methods and operational steps, which may be referenced by relevant parties. For example, when patentees are making patent open license declarations and determining the standards and methods for payment of patent open license royalties, when licensees are seeking open licensed patents, or when intellectual property agencies are carrying