First, the active licensing method of patent technology transfer
1, exclusive license; 2. Exclusive license; 3. General license; 4. Sub-licensing; 5. Cross-licensing.
Second, the passive licensing method of patent technology transfer
1, plan permission
; 2. Compulsory licensing
There are two ways of patent transfer: one is to entrust an intermediary agency; The second is to entrust a patent broker to handle it.
At present, there are three main ways of patent transfer: ordinary transfer, exclusive transfer and exclusive transfer.
In patent transfer, ordinary transfer belongs to general transfer, that is, it is transferred to the person in need without any conditions, and the transfer fee charged is the lowest. Exclusive transfer refers to conditional patent transfer, which generally means that the patent cannot be transferred to the owner of a third party, that is, after the transfer, the patent can only be held by both the patentee and the assignee. The cost of such transfer is higher than that of ordinary transfer and lower than that of exclusive transfer. The so-called exclusive transfer means that the patentee transfers the patent together with the patent ownership, that is, the patent ownership is transferred to the method, resulting in the patentee becoming the only person holding the patent. The cost of this transfer method is the highest.
There are generally three ways to settle the patent transfer fee: one-time settlement, royalty, fixed and royalty combination. "One-time settlement" means that after signing the transfer contract, the licensee (transferee) pays the transfer fee to the licensor (patentee) in one lump sum at the price stipulated in the contract. "Commission" can be divided into fixed commission and sliding commission. "Fixed commission" refers to artificially fixing the production quantity or net sales of the contract products at a certain number (no matter what the actual production quantity or net sales is), and making commission according to this number every year within the commission limit; "Sliding commission" refers to the commission based on the actual number of products produced each year or the actual net sales. The "fixed" part of the "combination of fixed and royalty" is called the down payment, which is also called the "entry fee" and will be paid immediately after the contract takes effect; The "royalty" part shall be paid within the time limit agreed in the contract after the project is put into production, and the method is the same as the "royalty".
-Matters needing attention in patent technology evaluation.
1
Confirmation of the existence and validity of patented technology
2
What are the scope of patent technology protection, technology maturity and supporting technologies?
three
What are the similar and alternative technologies of patented technology?
4, technology and economic life (development, integration, protection barriers)
5. Scope of assessment
6, the embodiment of economic value and uncertain factors
7. Market demand