1) Britain
The patent licensing system in Britain is the most complete, with detailed provisions on licensing conditions, procedures and legal consequences:
1. Conditions of course license
First, the patentee voluntarily applies;
The second is to confirm that the patent is within the validity period;
The third is to ensure that the patent has no flaws, that is, there is no conflict of interest with other rights holders;
The fourth is to clearly stipulate the annual fee for patent licensing, which cannot be changed.
2. Implementation procedures permitted ex officio
Britain has stipulated four procedures: application, publication, payment and cancellation: application is the request of the patentee to issue a compulsory license to the patent authority; Release is the official release through a special patent licensing platform after the patent authority approves the patentee's application; Payment means that the person who intends to exploit the patent pays the natural license fee to the patentee, obtains the right to use the license, and implements it after registration by the patent authority; The patentee has the right to apply for revocation of the ex officio license, but it is invalid for the implementer of the ex officio license, or it must be approved by the implementer. When the term of patent protection expires, the licensing matters will of course be cancelled automatically.
3. Legal consequences
First, the natural license has been used in the ordinary license mode before, which can be converted into the natural license mode with relatively low cost;
Second, for patent infringers, as long as they agree to the conditions of natural license, they can be transformed into natural licensees to continue to use. Even if the infringement needs compensation, the compensation is not higher than twice the standard of natural license fee;
Third, after the compulsory license is established, the annual patent fee of the patentee will be halved by the government.
4. Legal remedies
Where a patent granted a compulsory license is infringed, the patentee has the obligation to initiate a lawsuit, and the implementer may also initiate a lawsuit independently.
(2) France
France also stipulates the preconditions for applying for patent ex officio license:
First, patents do not conflict with prior rights;
Second, there is no exclusive license and exclusive license before application. France adopts a licensing system for the implementation of compulsory licensing, that is, issuing licenses to the implementers of compulsory licensing, and stating the rights and obligations of patentees and users in the licenses.
(3) Germany
The difference between Germany and Britain and France lies in:
First, it is stipulated that patents that have been exclusively licensed shall not apply for ex officio license;
Second, the patentee needs to make a statement in the official website of the Patent Office when applying for permission according to the authority;
Third, the licensee has the right to give up the use of the patent at any time; Fourth, the fee standard of natural license is determined by the patentee and the user through consultation.
There are many ways to solve the low conversion rate, such as improving the practicality of patents, broadening the way of patent licensing, and promoting deep cooperation in Industry-University-Research, but the introduction and implementation of the ex officio licensing system will undoubtedly play a positive role in promoting patent conversion. I hope to solve your problem and adopt it. Thank you!