The Administration Regulations
for the National Standards
Relating to Patents (Provisional) Issued and Implemented
National Standards Administrative Committee of China and State
Intellectual property Office of China formulated the Administration
Regulations for the National Standards Relating to Patents
(Provisional). And it has been released and has been implemented
since Jan. 1st, 2014.
The “Administration Regulations for the National Standards Relating
to Patents (Provisional)” first regulate the issues of national
standards relating to patents, including the disclosure of patent
information, patent licensing, the special provisions of mandatory
national standards related to patent and other aspects.
According to the " Administration Regulations for the National
Standards Relating to Patents (Provisional)", patents involved in
national standards shall be essential patents, which would be
required to implement the standards. The mandatory national standard
generally does not involve the patent. Regarding the problems of
patent royalty fees involved in the national Standard, the users of
the standard and the patentees/patent applicants should negotiate
together according to the patent licensing declaration.
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