Patent licensing trade?

The definition of patent licensing trade refers to a form of trade in which the patentee transfers his legally acquired right to exploit the invention to a non-patentee through a patent licensing contract. In the patent licensing trade, the patentee is called the licensor, and the non-patentee who has obtained the patent exploitation right is called the licensee. Function 1. Licensor can only be the patentee, not the first user or compulsory licensor. 2. The subject of patent licensing trade is the right to exploit valid patents. 3. The licensee of patent licensing trade only obtains the right to exploit the agreed patent, not the ownership. Patent licensing trade usually lasts for a long time, so it is impossible to settle it immediately. 5. After the patent licensing trade contract is effectively established, the licensor shall submit a copy of the patent licensing trade contract to the patent administrative department of the State Council for the record. Types of patent licensing. Exclusive license 1. Concept: Exclusive license means that the patentee allows the licensee to exclusively exploit the patent in the way agreed in the contract within the time and area agreed in the contract. 2. Features: (1) Within the time and geographical scope agreed in the contract, the licensee has the right to exclusively exploit the patent. Unless otherwise provided by law, no other person, including the patentee, may exploit the patent in the same way as the licensee during this period and within the geographical scope. (2) The royalty paid by the licensee is much higher than any other license. Two. Exclusive license 1. Concept: Exclusive license, also known as exclusive license or complete license, refers to the licensee's exclusive right to exploit the patent by contract within the agreed time and geographical scope. 2. Features: Within the time and geographical scope agreed in the contract, the patentee may not license any third person to exploit the patent in the same way, but the patentee may exploit the patent by himself. Three. General license General license is a common licensing method, which means that the licensee has the right to exploit the patent in the way agreed in the contract within the time and geographical scope agreed in the contract. However, the patentee can not only exploit the patent by himself, but also license a third person to exploit it. 4. Sub-licensing refers to the patent contract in which the patentee allows the licensee to license others to exploit the patent within the time limit and geographical scope agreed in the contract. This license is relative to the original license. The licensee of the original contract should pay attention to: 1. Whether the licensee can issue a license shall be subject to the original license. 2. When the contract allows the licensee to issue a sub-license to a third party, its validity period shall not exceed the validity period of the original license contract. 3. The geographical scope of the sub-license shall not exceed the geographical scope of the original license. 4. The ways of sub-licensing granted by Licensee shall not exceed the ways of original licensing. Patent licensing disputes and their settlement Edit this paragraph 1. Rights and obligations of both parties to the contract 1. Obligations of the patent licensor: (1) Allow the licensee to exploit the patent within the scope agreed in the contract; (2) Deliver the technical data related to patent exploitation to the licensee and provide necessary technical guidance. 2. Licensee's obligations: (1) To exploit the patent within the scope agreed in the contract, and not to license a third party to exploit the patent without authorization; (2) paying the patent license fee according to the contract. Two. Liability for breach of contract Licensor shall bear the following legal liabilities for breach of contract obligations: 1. If the patented technology is not provided in accordance with the contract, part or all of the royalties shall be returned, and liquidated damages shall be paid or losses shall be compensated; 2. If a third party is allowed to exploit its patent without authorization in violation of the contract, it shall stop the breach of contract or compensate for the losses; 3, in violation of the confidentiality obligations of the contract, it shall pay liquidated damages or compensate for the losses. If the licensee breaches the contractual obligations, it shall bear the following responsibilities: 1. If the royalties are not paid in accordance with the contract, the royalties and liquidated damages shall be paid in accordance with the contract. Those who fail to pay or pay the liquidated damages must stop exploiting the patent, return the technical data, pay the liquidated damages or compensate for the losses; 2. Where the exploitation of the patent exceeds the contract, or others are allowed to exploit the patent without permission, such breach of contract shall be stopped immediately, and liquidated damages shall be paid or losses shall be compensated; 3, in violation of the confidentiality obligations of the contract, it shall pay liquidated damages or compensate for the losses. Three. Measures for resolving contract disputes After the breach of contract occurs, both parties can negotiate or mediate; If negotiation or mediation fails, the parties may settle the dispute in the following ways: 1. Arbitration: An arbitration clause shall be concluded in the patent licensing contract before the dispute occurs or an arbitration agreement shall be reached after the dispute occurs. 2. If the patent administrative department mediates a party who refuses to accept the decision of the patent administrative department and brings a lawsuit to the people's court, he can only bring a lawsuit in a general contract dispute, and cannot bring an administrative lawsuit. 3, to the people's court.