Types of patent licensing contracts

According to the authority and scope of patent licensing, the types of patent licensing contracts can be mainly divided into the following six types: Types of patent licensing contracts (1) An exclusive licensing contract refers to a patent licensing contract in which the licensee enjoys the exclusive right to use the licensor's patented technology within a certain geographical scope and within a certain period of time. That is to say, within the area and time limit stipulated in the contract, the licensee is the only licensee of the patented technology, and even the licensor may not use the patented technology within the area and time limit, but the patent right still belongs to the licensor. According to this licensing method, although the patentee can get a higher patent technology use fee, it also fetters the patentee's own hands and feet, so this licensing method is rarely used in practice. (2) An exclusive license contract means that the licensor only allows the licensee to use its patent exclusively in a certain area and within a certain period of time, and no longer permits any third party to use its patent, so it is also called an exclusive license contract. Licensor still reserves the right to use the patent in the territory and within the time limit. Licensor and licensee can share the market together and obtain economic benefits through the implementation of patented technology. (3) A general license contract is also called a non-exclusive license contract, that is, the licensee is allowed to use its patented technology within a specified area and time limit, and the licensor has the right to sublicense its patented technology to a third party and retain its own right to use it. The advantage of this licensing method is that it is conducive to the popularization and application of patented technology. However, if the patentee signs this license contract for different considerations and management, it will lead to the overproduction of patented products and affect the interests of the patentee and the licensee. By the way, in Wuxi, there have also been illegal acts in which the licensee does not restrict the signing of general license contracts to cheat money. (4) resale license contract The license contract that the licensee resells to others is called resale license contract or resale license contract, and the original license contract is called main license contract. A license contract that allows the licensee to resell the license contract to others is called a distributable license contract, and vice versa. Generally speaking, the licensor has the right to deduct a certain percentage from the royalties collected by the licensee from the resale license contract. (5) Reciprocal licensing contract, also known as cross licensing contract, refers to a licensing contract in which two patentees exchange their respective patents in a reciprocal way. How to share specific benefits can also be agreed by both parties in the form of a contract. (VI) Compulsory License Contract China National Intellectual Property Administration may issue a compulsory license contract, but the licensee still needs to pay a certain royalty and sign a compulsory license contract with the patentee. The license contract does not belong to patent licensing trade. When signing a patent licensing trade contract, the specific content of the license should be clearly defined in the contract, so as to correctly perform the contract and avoid disputes during the performance of the contract.