2. Exclusive license: The licensee has obtained the right to use its patent in the designated area, not only that, but also has the right to refuse anyone (including the licensor) to use it in the area.
3. Exclusive license: The licensee has the right to use it in the designated area, but the licensor still has the right to implement it in the area.
4. resale license: with the consent of licensor, licensee can license a third party to exploit licensor's patent in its own name.
5. Cross-licensing: Two patentees use each other's patents in the form of mutually beneficial technology exchange. This is because the technologies of the two sides overlap, and one party must apply for a patent from the other party before it can implement its own patent. For example, the improved inventor and the original inventor need to use the original invention in order to implement it; The original inventor should develop and use the improved invention.
6. Patent application right and patent right transfer: the original patent applicant transfers his application right or the original patentee transfers his patent right.
Second, enterprises should do a good job of research before introducing patents: 1, search patent literature, find out many similar technologies, and then compare loans and choose the best ones; 2. Understand the legal status of patent: What kind of patent is it? Is it an applied but unauthorized patent, an authorized patent or an invalid patent? 3. Understand the technical maturity of the patent: is it limited to the design stage, is it in the laboratory pilot stage, or has it entered the production stage? What was the promotion and application of this patent in the past? 4. Make an economic analysis of the patent: How much investment is needed to put it into production? How is the product sales? What is the profit? 5. State-owned national conditions and factory conditions. Can this patent be put into production in this enterprise? What other technologies and equipment must be imported? Wait a minute.
Three, the two sides should seriously sign a patent license contract.
The contract has the following clauses: 1, preface; 2. Definition; 3. The subject matter of the contract refers to the determination and description of the technical scope. Indicate the type, name, application date, approval date, validity period, etc. Patented; 4. Payment: divided into: one-time payment; Royalty (determined according to sales or profits); Entrance fee plus commission fee (after signing the contract, pay a fee in advance, and then commission according to sales or profits every year); Technology shares (the patentee takes its patented technology as a share investment, enjoys the benefits and bears the risks); 5. Payment of technical data: define the scope, delivery time, place and acceptance method of technical data; 6. Technical improvement: after the contract is signed, one party improves the patented technology, and the results and benefits are owned by the other party; 7. Technical services and personnel training: Licensee may not be able to manufacture qualified products after obtaining technical information, and Licensor shall provide training and guidance. 8. Confidentiality clause: It mainly involves proprietary technology (technical secrets), and the Licensee is obliged to keep it confidential from the Licensor; 9. Guarantee clause: both parties promise to perform the contract; 1O。 Dispute settlement: agree on the settlement method after the dispute between the two parties occurs; 1 1. Breach of contract: handling of breach of contract such as failure to perform or not performing the contract on time; 12. Effective date, validity, termination and extension of the contract.
4. Pay attention to when signing the contract: 1. The terms of the contract shall not violate the national laws, otherwise the contract shall be invalid; 2. The terms of the contract should be complete, and the annexes to the contract should be complete; 3. The contents of the contract shall be described in detail, correctly and accurately; 4. The contract text should be described accurately and should not be vague.
5. Invite relevant people to participate when necessary: 1. When the licensee has a strong interest in the patent and intends to transfer it, it is best to invite experts in the technical field to demonstrate whether its technology is advanced; 2. After the technical demonstration, the licensee shall invite experts in economy and trade to analyze its market prospect and economic benefits; 3. Both parties invite patent firms to participate in the negotiation and signing process of technology trade, provide consultation for related matters of technology trade, and help both parties to determine a better technology trade model and draft contracts. 4. The couple invited lawyers to participate, and the lawyers will scrutinize and polish the relevant clauses of the contract, and provide suggestions on the legal issues involved in the contract.