我国专利开放许可制度的现存问题与对策研究OA

[Objective]In view of the problems arising in the practice of China's patent open licensing system,such as the inconsistency between declarations and offer rules,the rigidity of licensing fee pricing,and the lack of a price adjustment mechanism,this study aims to optimize the system design and enhance its effectiveness in promoting patent commercialization.[Methods]By analyzing the normative elements of the system and existing problems,combined with comparative law research,this study explores the causes of the current issues and probes into optimization paths from aspects such as rule coordination and mechanism construction.[Results]The study proposes the content of open licensing declarations that are compatible with offer rules,establishing a flexible pricing mechanism featuring"independent negotiation as the mainstay,supplemented by compulsory licensing and anti-monopoly measures",and formulating reasonable dynamic price adjustment procedures.[Conclusion]The optimization measures can break the rigidity in the operation of the system,give full play to the role of the patent open licensing system in reducing transaction costs,and contribute to the commercialization of patent technologies and innovative development.