CNIPA Issues Instructions on Patent Open License to Local Authorities

The China National Intellectual Property Administration (CNIPA) recently released the Trial Program on Patent Open License – mainly instructions for provincial authorities - in an effort to follow the instructions of the Outline of Construction of an IP Powerhouse Country (2021-2035) and the 14th Five-Year National Plan for IP Protection and Application, ensure smooth execution and efficient operation of the patent open license system, and propel IP commercialization.

Referencing the basic concepts, system design and relevant links of the implementation of the statutory open license system, the Program defines measures for provincial IP authorities to facilitate commercialization of patent licenses, organize the subordinate local authorities, companies/entities and service platforms to start trial projects, materialize rapid licensing with intents and conditions cleared by patentees and published by provincial IP authorities. Multiple effects including spurring supply and demand, reserving worthy projects, exploring experiences and finetuning policies are pursued, which would line up the aspects of policy, regime, platform and project for full implementation of the open license system.

The Program sets out three basic principles in following the market trend, strengthening service innovation, enhancing integrated working of different policies, clarifies trial tasks in four aspects in establishing declaration publication platforms, promoting connections between supply and demand, offering supporting services, improving incentive and regulation measures. The trial projects will help test experiences and modes worth promoting to wider areas, warm up for full implementation of the system, cull and reserve high-value patents fit for open license and eventually materialize a raft of patent communalization results.

CNIPA has always been heeding attention to the implementation of patent open license. Commissioner Shen Changyu and Deputy Commissioner Lu Pengqi organized a meeting recently, dishing out tasks on implementation of open license work and claiming the trial work as one of the key tasks. In the future, CNIPA will strengthen instructions to local authorities, promote typical experiences and steadily implement the trial work. (Translated from CNIPA Website Chinese Version)