Legal basis: People's Republic of China (PRC) Patent Law.
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. Article 51 Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard. During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly. The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent. Article 52 Disputes arising from the implementation of the open license shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, they may request the administrative department for patent in the State Council for mediation, or bring a suit in a people's court.