PRC Bill for Amendments to the Patent Law (Draft) (Draft for Second Reading)

中华人民共和国专利法修正案 (草案) (二次审议稿)

July 17, 2020 | BY

Susan Mok

Patent Law draft clarifies open licensing

Issued: July 3, 2020

Main contents: Where an open license declaration is filed for a utility model or design patent, a patent right assessment report shall be provided.

During the term of an open license, the patent holder may also grant a non-exclusive license after holding consultations on the royalties with the licensee, but may not grant a sole or exclusive license for such patent.

 

An entity may dispose, in accordance with the law, of its right to apply for a patent for a service invention/creation or the patent in order to promote the exploitation and application of the relevant invention/creation.

The state encourages entities that have been granted patents to implement property right incentives, using means such as equity, options or bonuses to have the inventors or designers reasonably share in the benefits from the innovations.

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