What is the duration of the patent licensing contract?

What is the duration of the patent licensing contract? When a citizen makes an invention, he can apply for a patent. After the patent application is filed, the right to use the invention belongs to the patentee, and others can license the patent if they want to use it, but there is a time limit. Then, what is the validity period of the patent exclusive license contract? What is the duration of the patent licensing contract? China's "Contract Law" stipulates that the patent licensing contract is only valid during the existence of the patent right. Duration of patent right China's patent law clearly stipulates that the duration of invention patent right is 20 years, and the duration of utility model patent right and design patent right is 10 years, all of which are counted from the date of application. The patentee shall pay the annual fee from the year when the patent right is granted. If the annual fee is not paid in accordance with the regulations, the patent right shall be terminated before the expiration of the time limit. Therefore, if the patent right is to be renewed, an annual fee must be paid to China National Intellectual Property Administration. At the same time, when implementing the patent license, both parties can also make an agreement on the payment of the annual fee; If there is no agreement or unclear agreement between the two parties on the payment of the annual fee, according to the Interpretation of the Supreme Court on Applicable Legal Issues in the Trial of Technology Contract Disputes, these obligations shall be borne by the transferor of the patent licensing contract, that is, the patentee. Therefore, when signing a licensing contract, we must first understand the status and duration of the patent right. If the patent right has expired, the patent right has been terminated or declared invalid, and the patented technology has entered the public domain and anyone can use it for free, then the license contract is invalid. If the patent right is valid, the remaining life of the patent right should also be considered. Generally speaking, the shorter the remaining life, the lower the license fee, and vice versa. Patent license What types of patent license can be divided into exclusive license, exclusive license and general license? Different license types determine the scope of license, the number of licensees and different litigation rights. 1, exclusive authorization. It means that in a certain period and region, the patentee only authorizes the licensee to implement its patented technology, and no longer authorizes any other enterprise to use the technology. At the same time, the patentee himself cannot use the patented technology. In fact, the licensee has obtained the monopoly right of the patented technology within a certain period and scope, so the licensee usually has to pay a high license fee for this kind of implementation license. 2. Exclusive use license. It means that in a certain period and area, the patentee authorizes the licensee to exploit the patented technology and no longer authorizes the third enterprise to use the technology, but the patentee still reserves the right to exploit the patented technology. 3. General permission to use. It means that in a certain period and region, the patentee authorizes the licensee to exploit the patented technology, and the patentee also reserves the right to exploit the patent by himself, or may license others to exploit the patent. This licensing method will form multiple competitors in the market, so the licensing fee will be relatively low compared with exclusive licensing. What is the duration of the patent licensing contract? We are here to answer this question for you. If you want to apply for a patent license, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.