What are the points for attention in the licensing contract of individual patent transfer to enterprises?

I. Types of Licensed Use Patent licenses are divided into exclusive licenses, exclusive licenses and general licenses. Different license types determine the scope of license use, the number of licensees and different litigation rights. 1, exclusive authorization. It means that in a certain period and region, the patentee only authorizes the licensee to implement its patented technology, and no longer authorizes any other enterprise to use the technology. At the same time, the patentee himself cannot use the patented technology. In fact, the licensee has obtained the monopoly right of the patented technology within a certain period and scope, so the licensee usually has to pay a high license fee for this kind of implementation license. 2. Exclusive use license. It means that in a certain period and area, the patentee authorizes the licensee to exploit the patented technology and no longer authorizes the third enterprise to use the technology, but the patentee still reserves the right to exploit the patented technology. 3. General permission to use. It means that in a certain period and region, the patentee authorizes the licensee to exploit the patented technology, and the patentee also reserves the right to exploit the patent by himself, or may license others to exploit the patent. This licensing method will form multiple competitors in the market, so the licensing fee will be relatively low compared with exclusive licensing. Due to the different types of licenses, their respective litigation rights are also different. According to China's judicial interpretation, when patent infringement occurs, the licensee who exclusively implements the license contract can apply to the people's court separately; If the patentee does not apply, the licensee who exclusively implements the licensing contract may apply. However, in general, the licensee who implements the licensing contract can only bring a lawsuit to the court under the authorization of the patentee. According to the Interpretation of the Supreme Court on Applicable Legal Issues in the Trial of Technical Contract Disputes, if there is no agreement or unclear agreement on the type of implementation license between the two parties, it is deemed as a general implementation license. At the same time, the enterprise should clearly stipulate in the license contract whether the licensee has the right to sub-license. If the right to sub-license is stipulated, this sub-license is usually considered as a general license. Second, the duration of the license contract China's "Contract Law" stipulates that the patent license implementation contract is only valid during the duration of the patent right. Duration of patent right China's patent law clearly stipulates that the duration of invention patent right is 20 years, and the duration of utility model patent right and design patent right is 10 years, all of which are counted from the date of application. The patentee shall pay the annual fee from the year when the patent right is granted. If the annual fee is not paid in accordance with the regulations, the patent right shall be terminated before the expiration of the time limit. Therefore, if the patent right is to be renewed, an annual fee must be paid to China National Intellectual Property Administration. At the same time, when implementing patent licensing, both parties can also agree on the payment of annual fees; If there is no agreement or unclear agreement between the two parties on the payment of the annual fee, according to the Interpretation of the Supreme Court on Applicable Legal Issues in the Trial of Technology Contract Disputes, these obligations shall be borne by the transferor of the patent licensing contract, that is, the patentee. Therefore, when signing a licensing contract, we must first understand the status and duration of the patent right. If the patent right has expired, the patent right has been terminated or declared invalid, and the patented technology has entered the public domain and anyone can use it for free, then the license contract is invalid. If the patent right is valid, the remaining life of the patent right should also be considered. Generally speaking, the shorter the remaining life, the lower the license fee, and vice versa. Three. Filing of Patent License Contract Our country's Detailed Rules for the Implementation of the Patent Law (200 1) stipulates that the patent license contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect. As long as both parties reach an agreement and do not violate the law, the contract is valid. Filing is not a necessary condition for the contract to take effect, but the licensed contract after filing can be used against a third party. Four. Avoidance of the "invalid clause" in the license contract. Article 329 of China's contract law stipulates that the technology contract that "illegally monopolizes technology and hinders technological progress" is invalid. The Supreme Court's Interpretation on Applicable Legal Issues in the Trial of Technology Contract Disputes lists the following situations. It belongs to "illegal monopoly of technology, which hinders technological progress". When concluding a contract, attention should be paid to avoiding: 1, restricting one party to carry out new research and development on the basis of the technology subject to the contract, or restricting the use of improved technology, or the conditions for the two parties to exchange improved technology are not equal, including requiring one party to provide its improved technology to the other party free of charge, transferring it to the other party in a non-reciprocal manner, and monopolizing or * * enjoying the intellectual property rights of improved technology freely; 2. Restrict one party from obtaining technology similar to or competing with the technology provider from other sources; 3. According to the market demand, hinder one party from fully implementing the technology under this contract in a reasonable way, including obviously unreasonable restrictions on the quantity, variety, price, sales channels and export markets of the technology recipient's products or services provided by implementing the technology under this contract; 4. Require the technology recipient to accept incidental conditions that are not essential for the implementation of the technology, including purchasing unnecessary technologies, raw materials, products, equipment and services and accepting unnecessary personnel; 5. Unreasonably restrict the channels or sources for technology recipients to purchase raw materials, spare parts, products or equipment; 6. It is forbidden for the technology recipient to raise objections or attach conditions to the validity of the technical intellectual property rights of the subject matter of the contract.