1. Particularity of the trading subject The patent trading subject is the right subject that should be determined first in the process of patent trading, which mainly involves the qualification of the trading subject, that is, whether the subject has the qualification of trading rights. If the subject of patent trading is unqualified, or its subject qualification is defective, it may directly lead to the invalidation of patent trading behavior. Due to the diversity of patent trading methods, the subjects of patent trading are relatively diverse, including patent sellers (mainly patent owners) and buyers, patent licensors and licensees, patent funders and recipients, patent pledger and pledgee. Practice shows that in the process of specific patent trading activities, most patent rights subjects usually do not directly participate in the transaction, but entrust a third person with professional knowledge and professional qualifications (such as Baiteng Patent Baba) to implement the transaction on their behalf. This virtually improves the professional quality of the patent trading subject and the professional ethics requirements of the third party with professional knowledge.
II. Particularity of the transaction object The characteristics of the patent itself fundamentally determine the particularity of the patent transaction object. In addition to the intangibility and legal monopoly, there are obvious contradictory features in the following aspects:
1. The contradiction between the permanence of the information of the patent transaction object and the space-time effectiveness of its legal effect. Patent technology, as a kind of knowledge information, can't be produced completely without historical connection, and it is "sustainable". However, the law limits the legal effect of patent right in time and space;
2. The contradiction between the certainty of the transaction object and the relative uncertainty of the protection scope of the object's own rights. The subject of patent transaction is based on a clear transaction object. However, due to the practical difficulty in defining the scope of patent protection, the scope of patent rights protection involving transactions is relatively uncertain;
3. the contradiction between the specificity of the cost maintenance of the transaction object and the total transaction cost that the transaction subject strives for low. For more patent applications and patent transactions, please consult Baiteng Patent Baba.