研發成果開放授權之法制研析——以開放專利為中心

R&D Results and Open Innovation–The Study of Open Patent Licensing

研發成果的開放授權，乃係植基於開源精神與共享經濟之延伸，為專利創新授權應用之展現。然而，開源共享與智慧財產權的保障間，本即存在衝突，專利開放授權則是兩者間的平衡點。對此，本文先行定性開放專利，分析產業上實際採取開放專利策略之企業，如何藉由開放授權促進研發創新，達成產業最佳效益。進一步，探討是否應於我國專利法，明文引進開放授權法制，參採英國、德國及中國大陸等立法模式，作為我國專利法之參酌。開放授權是專利布局的選項之一，引進開放專利法制，對於我國研發成果授權模式及成果產出之影響深遠，應從產業面及政策面綜合評估利弊與可能之因應，方能引導我國研發成果運用之創新突破與變革。 （本著作為經濟部科技專案研發成果）

The open patent is the practice of licensing patents for public use, and the one who wants to use the patent legally should be obliged to follow the license agreement in advance. There are more companies like TESLA, Toyota, Gogoro are committed to promoting innovation to further the overall growth and advancement of technology and believes that free or open patent is a very important tool for fostering innovation. However, can patent rights and open source be coexisted? By taking a protective approach to intellectual property, existing technologies are protected and prolonged, and innovators enjoy the chance to benefit financially from their inventions. This protective approach makes it more difficult for people to develop and adopt newer technologies. Besides, the open patent licensing system could be divided into two main divisions, voluntary open-licensing and legal open-licensing. There are some countries such as the United Kingdom, Federal Republic of Germany and People's Republic of China have the legal open-licensing patent law. This paper is trying to analyze the most suitable industry that could adopt the open patent licensing strategy as well as focusing on different legal systems, whether and how Taiwan should take in the open patent licensing system.