Legal basis: Article 50 of the Patent Law of People's Republic of China (PRC). 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 an open 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.