当前，我国在知识产权法框架下构建了日益完善的专利体系，保护力度持续加大。然而，在我国从专利大国向专利强国迈进过程中，专利体系高质量发展仍面临挑战，专利对科技成果转化运用的促进作用不明显，未充分实现其市场价值。新质生产力为专利政策迈向开放、流通、互通提供了内在动力。因此，应当弥合创新与应用鸿沟，唤醒沉睡专利，推动科技成果向现实生产力转化。在此过程中，专利开放许可也应呈现相同的制度价值。对此，专利开放许可制度需要面向新质生产力转型，批判吸收域外经验，以降低制度性交易成本和推动许可达成为目标，明确专利开放许可中各要素的性质，并通过制度创新重构专利开放许可规则，发挥市场在资源配置中的关键作用，在“有为政府”和“有效市场”协同发力下赋能新质生产力。

As the patent system evolves from endogenous protection to externalized application during the pursuit of high-quality development, it raises the question of identifying the common ground between the advancement of new quality productive forces and the transformation of the patent system. The construction of the patent system encompasses both the policy and operational frameworks, which underpin the system's foundation and effectiveness, respectively. During the emergence of new productivity, patent policies are adapted in three key dimensions: transitioning from a closed to an open approach to address the open innovation paradigm, shifting from control to circulation to facilitate a leap in productivity, and moving from a unidirectional to a bi-directional interaction to engage with the development of new quality productive forces.
　China is grappling with a discrepancy between patent ownership and utilization, indicating that research capabilities have not been fully converted into application capabilities. This implies that intellectual productivity has not effectively transitioned into material productivity.
　The challenge lies in transitioning from a country focused on patent quantity to one that emphasizes patent quality, thereby achieving high-quality development. As the fourth factor of production, patents require the market's "invisible hand" to play a decisive role in resource allocation. Patent open licensing is between compulsory licensing and general licensing, respecting the freedom of the right holder, overcoming the high transaction costs and low transaction efficiency of negotiation, promoting licensing by open means, and forming a ternary patent licensing system at the level of patent application. At the same time, the patent law has also changed from the dual structure of "right" and "protection" to the "right", "protection" and "application" structure that pays more attention to productivity enhancement. The patent law has also changed from the dual structure of "right" and "protection" to the triad structure of "right", "protection" and "application" which emphasizes more on productivity enhancement. Under traditional patent theories and licensing systems, the preference for control over flow has been systemically "protected," hindering advancements in technology sharing and dissemination. With the rise of the sharing economy, the "monopoly" approach is becoming outdated, and patent open licensing presents a novel vision for technology utilization. This paper aims to ground its arguments in China's context from an interdisciplinary perspective and innovative conceptual entry to propose reforms for the patent open licensing system. The patent system should align with high-quality development and support the progressive direction of new quality productive forces.
　The emergence of new quality productive forces offers a fresh perspective on the patent open licensing system, emphasizing the need to optimize transaction costs and efficiency to facilitate licensing agreements. This study deconstructs the patent open licensing system by examining the nature of the open licensing declaration, its revocation mechanism, and the nature of licensing fees, with a focus on accelerating the development of new quality productive forces. The nature of patent open licensing statement is not only a legal issue, but also an economic and social issue. The nature of patent open licensing statement should be defined as the offer, which can promote the realization of patent transformation to a greater extent. The revocation of such declarations should be restrained to ensure the stability of open licensing. It's important to clarify that licensing fees are not a prerequisite for contract formation, thus fostering a more inclusive open licensing framework.
　Patent open licensing rule is facing reconstruction, the patent administrative authorities should play a greater role in building a diversified dispute resolution mechanism, showing the efficiency of administrative rulings. Open licensing should be promoted to the source, linked to the provisional protection of invention patents, so that the market value of patents can be realized as early as possible without hesitation. Balancing injunctive relief with a preference for financial compensation can steer market actors towards embracing open licensing systems. Implementing a dynamic fee adjustment mechanism can rationalize licensing fee settings and precision in annual fee reductions. Under the synergistic efforts of “effective government” and “effective market”, the patent application system will be improved,enabling technology to manifest as advanced productivity, or new quality productive forces. This approach can drive high-quality development through the advancement of new quality productive forces.