What are the types of patent licenses?

What are the types of patent licenses? In patent licensing, patent operators, as licensors, can give each other the scope of licensing according to the actual situation in order to obtain market benefits. Patent operators generally adopt exclusive license, non-exclusive license, exclusive license, cross license, sub-license and other basic types when licensing patents, among which non-exclusive license and sub-license are more commonly used models. What are the types of patent licenses (1)? Exclusive license is an exclusive license, which means that within a certain period of time, within the geographical scope where the patent right is valid, the patentee only permits one licensee to exploit the patent, and the patentee himself may not exploit the patent. (2) General license General license has the following characteristics: if exclusivity is not stipulated in the license contract or exclusivity cannot be clearly inferred according to the license contract, it is a general license; Patent operators will no longer grant others sub-licenses of similar licensed contents: the licensee has no right to file an infringement lawsuit independently, but still reserves the right to object to the patent effectiveness of the license contract: the license period and scope of the licensee are greatly limited, and sometimes only a part of the patent right is granted to manufacture, use or sell, but a situation often occurs. That is, the licensor grants the licensee an exclusive license for production in manufacturing, but sells it with a general license for sales: the patentee reserves greater rights, or implements it by himself, or licenses multiple general real licenses at the same time, so the usage fee of the general license is lower than that of the exclusive license; Generally, most licensed patents are mature technologies with outstanding product performance, large market demand, low investment and low technical difficulty. A licensee with a general license may agree with the licensor to file an infringement lawsuit as a plaintiff, or apply to the people's court for interim measures. Ordinary license contracts have relatively few rights, so their royalties are also lower than exclusive license contracts and exclusive license contracts. A licensee with a general license has the right to exploit the patent within the scope stipulated in the contract, but it cannot prevent the patentee from concluding another exploitation license contract with a third party, nor can it confront other licensees. Therefore, a general license contract is different from an exclusive license contract. The former is only binding on the parties, and it is only a creditor-debtor relationship, so it seems unnecessary to register. However, because the patent right can be sold or exclusively licensed by others, the patent right is intangible. If the general license is not registered, the transferee or the implementer of the exclusive license enters into a contract with the patentee and registers it without knowing it, then the latter licensor or the implementer of the exclusive license will use the former general license to implement it. Examples of general licensing are: 20 15. Qualcomm reached a patent licensing agreement (CPLA) for 3G and 4G wireless technology with Beijing Tianyu Langtong Communication Equipment Co., Ltd. and Haier Company. According to the terms of the paid license agreement, Qualcomm granted Tianyu and Haier paid patent licenses to manufacture and sell 3GWCDMA, cdma2004 and 4GLTE user equipment in China. (3) Exclusive license An exclusive license refers to an exclusive license, also known as an exclusive license. It means that within a certain period of time, within the geographical scope where the patent right is valid, the patentee only licenses a licensee to exploit his patent, but the patentee himself has the right to exploit the patent. The difference between an exclusive license and an exclusive license is that the patentee of an exclusive license has the right to exploit the patent himself, but the patentee of an exclusive license cannot exploit the patent himself. In general, the technology royalty of exclusive license is lower than that of exclusive license. Examples of exclusive license include: Jiapo Nanomaterials Technology Co., Ltd. and Beijing Wansheng Pharmaceutical Co., Ltd. signed an exclusive license agreement. This agreement is for Wansheng Pharmaceutical Co., Ltd. to produce, sell and market the generic drug of an international best-selling drug in China by using NMT's proprietary HGCP technology. The market share of this drug in China is $900 million. At present, the number of people suffering from hyperlipidemia in China has reached 90 million, with an average annual growth rate of 6.5438+0.5 million. It is estimated that the number of people suffering from hyperlipidemia will reach 200 million in the next 654.38+00 years. (4) Cross-licensing means cross-licensing, also known as exchange licensing, which means that two patentees license each other to exploit their own patents. This kind of license, the value of its two patents is roughly the same, so it is generally royalty-free; However, if there is a big gap between the technical effect and the economic benefit, it can also be agreed that one party will give the other appropriate compensation. Cross-licensing is an agreement based on negotiation, which allows the other party to use the patented technology of the enterprise conditionally or unconditionally when the product or patented technology owned by the other party is needed in the production process of products. Among them, there is no uniform standard for the content of cross-licensing agreement. In addition to allowing both parties to use their own patented technologies, they can also include fixed or variable licensing fees, as well as all or part of patents and undeveloped patents owned by both parties. When legal proceedings are caused by mutual infringement of intellectual property rights, they often cross-license, and enterprises can compete freely without worrying that the products they design or the technology they use will lead to infringement or pay license fees. On the other hand, we can find the adverse effect of patent jungle phenomenon on patent commercialization: when designing some new products, the patents born after the design of these products are unintentionally infringed, which will lead to risks. Therefore, cross-licensing and patent pool are two basic and effective ways for market participants to cross the patent jungle. In the cross-licensing agreement, in addition to mutually permitted patented technologies, it can also include fixed or variable licensing fees, restrictions on applicable technical fields or geographical scope, and even other patents of both parties. The essence of cross-licensing is a kind of value exchange. In addition to transaction costs, there are three information barriers that restrict enterprises from licensing transactions: first, the information asymmetry of patent licensing value will weaken the ability of both parties to reach an agreement; Second, it is difficult for innovators to let others use their inventions and innovations, especially in the follow-up competition, they did not give others enough information to obtain more patents; The third is to let the licensor supervise the licensee's output, so the cost of collecting license fees according to the unit is very high, or it is impossible at all. In view of this, more and more industries have the characteristics of network effect, and the key to show network externalities lies in the complementarity of network components. Although the license fee will bring some income to the inventor, the license contract of rabbit fee will bring higher income. Whether it is a single license or a two-way license, we should not only consider the influence of charging methods on transaction costs, but also consider the influence of network effect and complementarity on patent license and its value realization. Examples of cross-licensing are: in 20 15, Huawei and Apple reached a series of patent licensing agreements, Huawei granted 769 patents to Apple, and Apple granted 98 patents to Huawei, covering wireless communication technologies such as GSM, UMTS and LTE. (5) Sub-license means that the licensee licenses a third person to exploit the same patent according to the agreement with the patentee, and the implementation license between the licensee and the third person is the abbreviation of sub-license. The licensee must obtain the consent of the patentee before signing such a sub-licensing contract. Sub-licensing has a strong concealment, and it is usually difficult for the licensee to know who has sub-licensed. Many multinational companies in the world, such as Microsoft, Apple, etc., are often unwilling to charge patent implementers directly because of the sentiment of market consumers, and often operate their patents in a sub-licensing mode. The following factors should be considered when sublicensing: ① whether the licensee can sublicense depends on whether the licensor explicitly authorizes the licensee to sublicense the licensed patent in the patent license agreement; ② The validity period of the sub-license shall not exceed the validity period of the main license, and the part exceeding the validity period shall be invalid; (3) The geographical scope of the sub-license shall not exceed the effective geographical scope of the main license, and the behavior beyond the scope constitutes patent infringement; (4) The mode of patent use specified in the sub-license shall not exceed that specified in the main license. In addition, there is a compulsory licensing mode of patent licensing, which first appeared in the Paris Convention for the Protection of Industrial Property formulated by 1883 in the form of legal provisions. The patent laws of some countries, especially developing countries, stipulate that the patentee has the obligation to exploit his patented invention; Failure to exploit the patented invention is regarded as abuse of the patent right, and the state shall take measures such as compulsory licensing, revocation of the patent right or collection of the patent right to punish it. (6) Patent Pool Licensing Patent Pool is a patent licensing trading platform composed of patentees. On the platform, horizontal licensing is carried out between patentees, and sometimes horizontal and vertical licensing is opened to third parties under unified licensing conditions. The licensing rate is determined by the patentee.