Zhinews of Shenzhen Satellite TV:

In recent years, China has actively explored the patent open-license system to help enterprises integrate advanced technologies and achieve innovation-driven development. This effort represents an important component in promoting new quality productive forces. What is the current progress of this work? What measures will be taken to further implement this system? Thank you.

Wang Peizhang:

Thank you for your questions. The patent open-license system is a special licensing mechanism established in the fourth revision of China's Patent Law. This system facilitates simple and quick "one-to-many" licensing, effectively reduces institutional transaction costs, and significantly improves patent commercialization efficiency. Since May 2022, the CNIPA has carried out a patent open-license pilot program. By the program's completion at the end of 2023, more than 3,200 patent holders had selected over 59,000 patents for open licensing, matching them with more than 110,000 small- and medium-sized enterprises (SMEs). The program resulted in over 17,000 licensed projects, effectively easing the difficulties universities and research institutions face in patent commercialization and SMEs' struggles to acquire technology. After 18 months of pilot implementation, the patent open-license system concept has been popularized, laying a solid foundation for its full implementation. It has also played a positive role in expanding new models and channels for patent commercialization.

On Jan. 20 this year, the newly revised implementing regulations of the Patent Law took effect, and the patent open-license system was required to be fully implemented. Recently, the CNIPA issued a notice on comprehensively promoting the implementation of the patent open-license system, which focuses on three aspects.

First, we'll enhance policy guidance. We'll guide universities and scientific research institutions to select patents that have strong practicability, wide application fields, and are suitable for implementation in multiple locations for open licensing while inventorying existing patents, thus enabling SMEs to obtain patented technologies at a relatively low cost. We'll communicate the trial guidelines for estimation of patent open license royalties to the public in a well-targeted way and guide patentees to estimate license fees based on in-depth analysis. We will give full play to the role of IPR public service institutions and market-based service institutions, encourage them to provide consulting, trading and other services related to open licensing, and promote supply-demand matching.

Second, we'll optimize the content of our services. We'll promptly answer common questions about open licensing and help patentees standardize their submission of patent open-license statements. We'll guide patent agencies to provide convenient services, such as pre-examination, and facilitate the conversion of preliminary pilot projects into formal open-license agreements. License announcement data will be freely available for public search and use.

Third, we'll improve the supporting mechanisms. A set of mediation measures for patent open-license disputes will be issued, clarifying procedures for case acceptance, mediation, and settlement and guiding concerned parties in properly resolving various disputes encountered during the patent open-license process. We'll also actively coordinate with relevant departments to implement Patent Law provisions, reduce annual patent fees by 15% during the open-license implementation period, and further encourage patentees to participate in patent open licensing.

In the next step, the CNIPA will guide all localities in carrying out the patent open-license policy, promote the efficient operation of the patent open-license system, and transform these systematic advantages into a new driving force for patent commercialization. Thank you.