Exclusive exploitation license means that the licensor grants the licensee the exclusive exploitation right of the licensed patented technology within the time limit, region or field stipulated in the license contract. The exclusive right to use includes that Licensor will no longer license the patented technology to a third party, and Licensor himself cannot exploit the patented technology within the above-mentioned time limit, region or field.
2. Exclusive license.
It means that the licensor grants the licensee the right to exploit its patent under certain conditions, while the licensor reserves the right to exploit it by itself, but the licensor may not sublicense the patent to a third party. The fundamental difference between exclusive use license and exclusive use license is that exclusive use license excludes any competitors other than Licensor, but Licensor does not promise exclusive use right of Licensee, and other features are basically the same as exclusive use license.
Third, the general implementation license.
General license, also known as general license and non-exclusive license, is the most common license. It means that the licensor authorizes the licensee to manufacture, use or sell the licensed patented products or technologies within a specified period, region or industry. At the same time, Licensor reserves not only the right to exploit the licensed patent by itself within the same scope as above, but also the right to grant the patent to a third party within the same or different scope as above.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.
Article 51 Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard.
During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly.
The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent.