Social Sciences in China (Chinese Edition)

No. 4, 2025

The Statutory Typification of Absolute Rights in Chinese Patent Transactions

(Abstract)

Zhang Yi

The statutory typification of absolute rights in patent transactions has received limited attention in Chinese academic discourse. While the principle of numerus clausus (a closed list of real rights) does not directly apply to patent law, the creation of new types of absolute rights within this domain is nonetheless subject to significant legal constraints. A typological analysis of absolute rights in the patent system reveals significant constraints on their contractual creation. Paradoxes arising from the patent licensing demonstrate that existing legal provisions fail to substantiate the erga omnes effect of licenses and therefore fail to justify contractual freedom in defining absolute rights. Even under the principle of party autonomy, the distinctive features of patent transactions indicate that the absence of statutory typification of absolute rights would lead to increased transaction costs, compromised transaction security, and undue restrictions on third-party conduct.