The standard essential patent ownership in the global energy interconnection collaborative innovation in China

The construction of Global Energy Interconnection is a systematic strategic project, for which the formation of collaborative innovation alliances would provide a strong intellectual support. As there is no existing law specifically applicable to standard essential patents in China, one has to turn to rules on ordinary patents. Nevertheless, the differences between ordinary patents and standard essential patents have given rise to a series of problems with standard essential patent ownership, especially ambiguous legal interpretation, predicament produced by joint ownership, unreasonable rules on service invention ownership. It is an important means to add “Appointment Rules” in Article 20 of the Science and Technology Progress Law, to promote cooperative innovation alliances' project ownership from contract to articles and to reconstruct the attribution rules of the service inventions. It is also suggested to promote constitutionalization of agreement on ownership within cooperated projects and avoid joint ownership of intellectual property. There is also a need to reform rules on service invention ownership and enhance the employee's bargaining power.