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In order to promote the implementation and efficient operation of the patent open license system and to guide patentees to estimate the patent open license fee in scientific manner, the National Intellectual Property Administration recently compiled and issued the Guidelines for Estimating the Patent Open License Fee (Trial) (hereinafter referred to as the Guidelines).
The patent open licensing system was introduced with the fourth revision of the Patent Law, which stipulates that if the patentee declares to the Patent Administration Department under the State Council that he is willing to open the license, he shall specify the payment methods and standards of license fees. Estimating the license fee is a tricky task in patent open license, and is also one of the key factors to achieve the license.
The Guidelines apply the general principles of patent license and the common methods of patent value evaluation, provide simple and easy-to-approach methods and steps for estimation and operation. Relevant examples and statistical data are attached to guide patentees to correctly understand the spirit of the system, so as to accurately grasp the characteristics of "one-to-many, small amount, inclusive and convenient” of the open licenses, and promote the formation of an effective market-oriented price discovery mechanism in combination with specific scenarios and their own actual reference. In the follow-up, the Guidelines will be revised and improved in due course according to the proceeding of the trial.