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According to the conditions stipulated in the Contract Law and the Patent Law, patent licensing contracts can be divided into voluntary patent licensing contracts, designated patent licensing contracts and compulsory patent licensing contracts.
A voluntary patent licensing contract refers to a patent licensing contract signed by the transferor and the transferee on the basis of autonomy, voluntariness, fairness and equality according to the relevant principles stipulated in the contract law. It should be noted that it must be within the term of the patent, not when the patent expires or the patent is declared invalid. Otherwise, the patent licensing contract has no substantive contractual significance and cannot be produced.
Second, the designated patent licensing contract refers to the patent licensing contract signed by the patentee and the designated unit, which is designated by the patent administration department in accordance with the relevant provisions of the patent law when the patentee fails to perform the relevant obligations. Article 14 of the Patent Law stipulates that "if the invention patent of a state-owned enterprise or institution is of great significance to national interests or public interests, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, with the approval of the State Council, decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay the fees to the patentee in accordance with state regulations. Invention patents owned by collectively owned units and individuals that are of great significance to national interests or public interests and need to be promoted shall be handled with reference to the provisions of the preceding paragraph. "
3. Compulsory patent license means that the patentee fails to perform his obligations within three years from the date of patent authorization and signs a compulsory patent license contract with the patentee with the permission of the patent administrative department of the State Council. Article 48 of the Patent Law stipulates that "if a unit with implementation conditions requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms and fails to obtain the license within a reasonable time, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent according to the application of the unit".