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我国专利共有制度独具中国特色,既不同于德、法、英、美等国的专利共有制度,同时也扬弃了我国传统民事共有关系。系统的博弈分析证明,不同的专利共有制度安排对激励专利发明商业化的作用有所不同。优选的制度安排包括:准许共有人单方面实施共有专利并独享收益;准许共有人单方面发放普通许可证并要求许可收益由全体共有人均分;准许共有人单方面转让其全部共有份额,但禁止转让其部分共有份额,除非全体共有人同意。所以,相比之下,中国特色专利共有制度比他国的更具优越性,能更为有效地促进共有专利发明的商业化。
The unique system of patent ownership in our country is different from the system of common ownership of patents in Germany, France, Britain and the United States. At the same time, it also abandons the common civil relationship in our country. The game analysis of the system proves that different patent system arrangements have different effects on the commercialization of patented inventions. The preferred institutional arrangements include allowing the co-owners to unilaterally implement the common patent and earning revenue exclusively; allowing the co-owners to unilaterally grant ordinary permits and requiring the permissible revenue to be divided equally by the co-owners; allowing the co-owners to unilaterally transfer their entire share but, It is forbidden to transfer some of its shares in common, unless all the co-owners agree. Therefore, in contrast, the system of patent sharing with Chinese characteristics is superior to that of other countries and can more effectively promote the commercialization of the patented invention.