Patent licensing, also known as patent licensing trade, refers to that the owner of patented technology or his authorized person permits others to exploit the patents owned by him in a certain way within a certain period of time, in a certain area, and collects royalties from others, which can be divided into manufacturing license, use license and sales license. , with the function of transformation, application and popularization of patented technological achievements. Patent licensing [1], also known as patent licensing trade, refers to that the owner of patented technology or his authorized person permits others to exploit the patents owned by him in a certain way within a certain period of time and in a certain area, and collects royalties from others. Patent license only transfers the right to use the patented technology, the transferor still owns the patent, and the transferee only has the right to exploit the patented technology, but not the patent ownership. Patent licensing is a kind of licensing trade that allows licensees to use their patents within a certain range by concluding a patent licensing contract and paying royalties.
Legal objectivity:
According to the provisions of the Patent Law, after the patent right for invention and utility model is granted, unless otherwise stipulated in the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method; After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes. It can be seen that the non-patentee must obtain the permission of the patentee if he wants to implement the patentee's patent, otherwise he will bear certain tort liability. At present, generally speaking, there are four forms of patent licensing: 1. General exploitation license can also be called "general exploitation license" or "non-exclusive license", that is, the licensor grants the licensee the right to exploit the patent within the scope stipulated in the license contract, but the licensor can still exploit the patent within the above scope and continue to license the third party to exploit the patent within this scope. 2. Exclusive exploitation license can also be called "exclusive exploitation license" or "partial exclusive license", which means that the licensor grants the licensee the right to exploit its patent under certain conditions, and at the same time guarantees that it will no longer license a third party to exploit the patent within the scope of the license, but the licensor still reserves the right to exploit the patent by itself. 3. Exclusive exploitation license, also known as "complete exclusive license", means that the licensor grants the licensee the exclusive exploitation right of the licensed patent in an agreed way within the time limit and area stipulated in the license contract. No one else, including the licensor himself, may use the patent. 4. Sub-licensing and sub-licensing, also known as "sub-licensing", means that the licensee of the original patent licensing contract sublicenses all or part of the patent right to a third party within the licensing scope with the consent of the licensor. V. Cross-licensing Cross-licensing, also known as "mutual licensing", means that two or more patentees grant each other the right to exploit their respective patents under certain conditions, that is, one party grants the other party the right to exploit its patents at the same time or after accepting the license of the other party. In addition, there are two special forms of patent license, namely compulsory license and promotion license. Compulsory licensing is to promote the implementation and promotion of patents, and the patent administrative department in the State Council will force others to license their patents against the wishes of the patentee; Popularization and application license is an invention patent of state-owned enterprises, institutions, collectively-owned units and individuals, which is of great significance to national interests or public interests. The relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, after reporting to the State Council for approval, decide to popularize the application within the approved scope and allow designated units to implement it. Any unit or individual that exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the patent exploitation fee. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.