Chinese Open Licence System - Les Novelles, June 2025

In the June 2025 issue of the Journal of the Licencing Executives Society International, the authors Zichen Jia (attorney at law in China, TU Dresden) and BOEHMERT & BOEHMERT attorneys Prof. Dr. Heinz Goddar (patent attorney) and Melanie Müller (attorney at law) discuss the Open Licence System in Chinese patent law, which was introduced in 2021 with the fourth revision of the Patent Law of the People’s Republic of China.

The aim of the Chinese Open Licence System is to facilitate the voluntary licensing of patents and make innovations more widely accessible. The system has been in force nationwide since 2024, having previously been piloted in several provinces. By the end of 2023, over 59,000 patents and more than 3,200 patent holders had taken part.

In their article, the authors explain in detail the key points of the Chinese system in terms of
– Proposal and withdrawal of the Open License Declaration
– Open license fees and reduction or exemption of annual fees
– Alternative dispute resolution under the new system (mediation, legal action)

Finally, the authors compare the Chinese system with the German one. The main differences here are that in Germany, an open license declaration can be submitted before the patent is granted, with a halving of the renewal fees. In addition, the German Patent and Trademark Office (DPMA) can set the license fee in a binding manner in the event of a dispute, whereas in China the patent authority (CNIPA) only plays a mediating role.

Members of the Licencing Executives Society International, LESI for short, can download the full article here.