Legal analysis
According to the scope of license and the size of enforcement power, in addition to cross-licensing and sub-licensing, it can also be divided into exclusive license contracts, exclusive license contracts, general license contracts and other forms. Exclusive license means that the licensor stipulates that the licensee has the exclusive right to exploit its patent under certain conditions. The characteristic of this license is that the licensor cannot use the patent itself, and at the same time, it cannot grant the license of the same content to any third party. Exclusive license means that the licensor does not sign a license contract with any third party in the territory, but the licensor still has the right to use the patent in the territory. This license is also called an exclusive license. Ordinary license, also known as non-exclusive license, is the most common way of patent license, that is, while allowing the licensee to use its patent, it still retains the right to use its patent in the region, and it can also grant the right to use it to a third person other than the licensee. Cross-licensing, also known as reciprocal licensing or mutual licensing, means that both parties allow each other to use their respective patents. Sub-licensing, also known as sub-licensing and sub-licensing, means that the licensee of the original patent licensing contract sublicenses the patent right or part of its rights to a third party under certain conditions with the prior consent of the licensor. Without the prior consent of Licensor, Licensee has no right to sign a sub-licensing contract with any third party.
legal ground
In Article 42 of the Patent Law of People's Republic of China (PRC), the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year, all of which are counted from the date of application. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.