On August 28, 2024, China’s National Intellectual Property Administration (CNIPA) released the “Frequently Asked Questions about Patent Open Licensing Business- Withdrawal of Patent Open Licensing Declaration” (专利开放许可业务常见问题解答-专利开放许可声明的撤回). Patent open licensing “means that the patentee voluntarily declares to the National Intellectual Property Administration in writing that he is willing to license any unit or individual to implement his patent, and specifies the payment method and standard of the license fee, which will be announced by the National Intellectual Property Administration and implemented as an open license.” Open licensors are entitled to a 15% reduction in annuity fees.

A translation follows:

Question 25

Can a patent open license declaration be withdrawn?

Answer: The patent owner can withdraw the announced patent open license statement. If a co-owner withdraws the open license statement for a shared patent right, the written consent of all co-owners shall be obtained. There should be a legitimate reason for withdrawing the open license statement, and no conditions shall be attached. The withdrawal of the open license statement shall take effect from the date of announcement. The withdrawal of the open license statement by announcement shall not affect the validity of the open license granted previously.

Question 26

What materials are needed to withdraw a patent open license declaration?

Answer: The following documents should be submitted when withdrawing a patent open license declaration:

(1) “Statement of Withdrawal of Patent Open License” form;

(2) A written statement from all patent owners agreeing to withdraw the patent open license;

(3) If the open license declaration is withdrawn based on other legitimate reasons other than those stipulated in Article 86 of the Implementing Regulations of the Patent Law, supporting materials supporting the legitimate reasons shall be submitted;

(4) Identification documents of all patent owners;

(5) If you entrust a patent agency to handle the formalities of withdrawing the open license declaration, you should submit a letter of authorization;

(6) Other materials required to be provided.

Question 27

What are the writing requirements for the withdrawal of patent open license declaration documents submitted?

Answer: (1) The “Declaration of Withdrawal of Patent Open License” should be downloaded from the website of the CNIPA, printed and filled in. The format and content of the form shall not be modified without authorization. The applicant shall accurately fill in the open license declaration number and patent number in the declaration form, and state the reason for withdrawal.

(2) The patent agency letter of authorization should include the correct open license declaration number and patent number, state the matters of authorization, and be signed or stamped by both parties.

Question 28

After the open license declaration is announced, in what circumstances does the patent owner need to proactively withdraw the patent open license declaration?

Answer: (1) permitting others to implement the patent under an exclusive license;

(2) Where a dispute arises over the ownership of the patent right or the people’s court decides to take preservation measures against the patent right, and the relevant procedures have been suspended;

(3) The patent right is subject to a security interest and the security interest holder does not agree to open licensing;

(4) The patent right has been terminated;

(5) The patent right has been declared completely invalid;

(6) A patent evaluation report for a utility model or design patent shows that the conditions for granting a patent are not met;

(7) Other circumstances that hinder the effective implementation of patent rights;

(8) A request for change of bibliographic items due to transfer of patent rights;

(9) The patentee abandons his patent right in a written statement;

(10) Other circumstances where withdrawal is necessary due to legitimate reasons.

Note: For the above two situations (8) and (9), it is necessary to submit supporting documents showing that the relevant legal procedures are being processed or are about to be processed.

Question 29

How to submit a statement to withdraw a patent open license?

Answer: Normally, the withdrawal of a patent open license declaration should be submitted online through the Patent Affairs Service-Patent Contract Review-Patent Open License Declaration module of the patent business processing system.

Question 30

Where can I check the relevant matters regarding the withdrawal of patent open license declaration?

Answer: The withdrawal of the patent open license statement is registered in the patent registration book and announced in the Patent Gazette. The items announced in the withdrawal of the patent open license statement include: main classification number, patent number, open license statement number, patentee, invention name, withdrawal date of open license statement, etc.

The original text can be found here (Chinese only).

Read Part 1 and Part 2.