Recently, six government departments—the China National Intellectual Property Administration (CNIPA), the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the State-owned Assets Supervision and Administration Commission of the State Council (SASAC), the State Administration for Market Regulation, and the Chinese Academy of Sciences—jointly issued the Guidelines for the Establishment and Operation of Patent Pools. The purpose is to guide and support the scientific formation, rational planning, standardized management, and efficient operation of patent pools, to fully leverage their functional role, and to accelerate the development of new quality productive forces.

The Guidelines define a patent pool as a model of patent utilization in which two or more patent holders agree, through a contract, to entrust one party or a third-party management institution to jointly operate patents in a specific technical field. This includes carrying out cross-licensing, one-stop licensing, and related services. The establishment and operation of patent pools should follow the principles of: Market orientation；Balanced interests；Openness；Non-discrimination.

The CNIPA, in coordination with relevant departments, will provide unified guidance and support for the establishment and operation of patent pools. Local intellectual property authorities and other related agencies are encouraged to tailor support measures to local conditions to strengthen guidance, support, and service guarantees for patent pools.

According to the Guidelines, members of a patent pool primarily generate revenue through one-stop external licensing. Licensing fees are generally determined by the initiating entity or the patent pool’s management agency, based on factors such as: The number of patents；The value of the patents；The average profit margin of relevant industries；Licensing outcomes.

When determining or adjusting licensing fees, patent pools are encouraged to engage in full communication and negotiation with potential licensees to balance the interests of all parties.

In addition, the Guidelines also specify requirements for: Establishing a fair profit-sharing mechanism；Creating a flexible and efficient service management model；Ensuring a moderately transparent information disclosure system.