Patent opening license means that the right holder voluntarily submits an opening license statement to the state patent administration department after obtaining the patent right, stipulating the license fee, which will be announced by the state patent administration department. During the period of patent opening license, anyone can implement patented technological achievements according to the conditions of patent opening license. Although patent open license belongs to the category of general license in essence, it has many characteristics and advantages different from general patent license.
patent law of the people's republic of china
Article 50 Where the patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement the public license. Where a patent for utility model or design applies for a public license statement, a patent evaluation report shall be provided.
Where the patentee withdraws the declaration of opening license, it shall make a written statement and make an announcement by the patent administration department of the State Council. The withdrawal of the statement of open license through public announcement shall not affect the effectiveness of the previously granted open license.