Proceedings of the 2023 2nd International Conference on Public Culture and Social Services (PCSS 2023)

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Issues and suggestions on the calculation of patent open license fees

Authors
Xitong Guo1, Zhide Zhou2, *
1LawSchool/Intellectual Property School of Guilin, University of Electronic Technology, Guilin, China
2LawSchool/Intellectual Property School of Guilin, University of Electronic Technology, Intellectual Property Research Institute of Xiamen University, Guilin, China
*Corresponding author. Email: zzdlgy@163.com
Corresponding Author
Zhide Zhou
Available Online 29 October 2023.
DOI
10.2991/978-2-38476-130-2_41How to use a DOI?
Keywords
Patent open licensing system; Patent open license fees; License fee calculation; Influencing factors
Abstract

The patent open license system has problems such as incomplete consideration of influencing factors in the calculation of license fees, lack of consultation and lack of professional opinions in the determination of license fees. From the perspective of patentees and licensees, this article discusses the difficult problems in the game of interests between the two parties, and proposes that the formulation of licensing fees should consider the influence of multiple factors such as market price, cost benefit, industry field and geographical differences, as well as the opinions of relevant experts. The patentee shall attach an explanation on the calculation of the license fee, and in order to facilitate the drafting of the license fee by both parties, the patentee and the licensee may withdraw it if necessary or the two parties can directly trade according to their needs, so as to make the calculation of the patent open license fee more reasonable and easy to operate, and the transaction process simple and efficient.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2023 2nd International Conference on Public Culture and Social Services (PCSS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 October 2023
ISBN
978-2-38476-130-2
ISSN
2352-5398
DOI
10.2991/978-2-38476-130-2_41How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Xitong Guo
AU  - Zhide Zhou
PY  - 2023
DA  - 2023/10/29
TI  - Issues and suggestions on the calculation of patent open license fees
BT  - Proceedings of the 2023 2nd International Conference on Public Culture and Social Services (PCSS 2023)
PB  - Atlantis Press
SP  - 337
EP  - 343
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-130-2_41
DO  - 10.2991/978-2-38476-130-2_41
ID  - Guo2023
ER  -