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ARTICLE · 01 OCTOBER 2024

News & Cases From China: July 2024

The open patent licensing system, a special licensing mechanism introduced in the fourth amendment of the Patent Law of the People's Republic of China...

ChinaIntellectual Property

CNIPA Issues Notice on Comprehensively Promoting Implementation of Patent Open Licensing System

Reference Number: Guo Zhi Fa Yun Zi [2024] No. 19

Issue Date: 16 July 2024

Effective Date: 16 July 2024

The open patent licensing system, a special licensing mechanism introduced in the fourth amendment of the Patent Law of the People's Republic of China, represents an innovative approach to patent commercialization. Under the open licensing system, patent holders voluntarily submit a declaration of open patent licensing and specify the payment method and standards for the licensing fee. Once the open license has been announced by the State Council's patent administration department, any entity or individual may obtain a license by notifying the patent holder in writing and paying the fee according to the listed price. The system provides a simple and efficient ‘one-to-many' patent licensing process, combining increased efficiency and reduced institutional

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