Operation mode of patent transaction
1. Contract patent transaction
Any patent transaction will be determined in the form of contract. Contract patent trading refers to the way that the patent transferor and transferee independently conduct patent trading without going through the patent trading intermediary in accordance with the contract requirements set by the laws and regulations related to the contract. This type mainly includes patent technology transfer agreement, patent technology contracting agreement, patent technology consulting agreement, patent technology service agreement and patent technology shareholding agreement. Contract patent transaction is generally applicable to the case that the subject of patent transaction is simple and clear, but the subject of patent transaction is complex.
2. Auction-style patent transactions
Auction is to bid for the auction target through price competition with the participation of many bidders. As long as each bidder meets the purchasing power and corresponding conditions, he can participate in the bidding, and after paying the highest price, he will have the opportunity to obtain the auction target. The process is relatively open and transparent, which helps to maximize the value of the auction target. It is not only an ancient form of buying and selling, but also an important way of trading modern goods, services and assets. Various auction modes, such as English, Dutch, sealed bid, reserve price, no reserve price, orientation, stamp collecting (also known as Vickery) and Internet, are also applicable to patent transactions. Because of the intangibility of patent, its use value is difficult to show in physical form, and its value and risk are relatively difficult to evaluate, which is different from the circulation and trading mode of tangible assets and commodities. Through auction transactions, open market operations, promote the implementation and circulation of patents, and promote patent transactions to maximize profits through bidding and other procedures.
3. Bidding for patent transactions
Bidding patent transactions are mainly divided into two forms: public bidding and invitation bidding. Its basic process is that, according to the entrustment of the patent supply and demand sides and the requirements of relevant laws and regulations, bidding activities are organized by bidding trading institutions. Trading booths and patent suppliers * * * prepare bidding documents and issue bidding announcements, including patent information to be transferred. During the bidding period of a specific patent right, qualified bidders will organize a bidding meeting and open the bid in accordance with the provisions and procedures of laws and regulations after signing up and submitting their bids. The bid evaluation expert group hired by the trading institution will evaluate the winning bidder and hand over the patent and consideration according to the agreed conditions.
4. Electronic bidding patent transaction
The electronic bidding patent transaction refers to the transaction mode that the highest bidder is selected as the transferee by using computer network technology, adopting the method of limited time, continuous and competitive quotation, and according to the principle of price priority and time priority. However, the scope of this transaction goes beyond the form of online auction. With the development and perfection of information network technology and modern patent system, electronic information technology itself has become the object of patent trading, which has spawned a new patent trading model from the technical point of view. Therefore, this kind of transaction is not an independent transaction mode, but because this kind of transaction mode is more and more common in modern times, and it is not limited by traditional transaction modes such as time and place, and widely permeates into modern patent transaction behavior and its flow links.
5. Debt patent transaction
At present, under the condition of full development of market economy, the economic value of patent right is very obvious. Therefore, the patent transaction with debt means that the patentee uses his patent right to repay the debt on the basis of proper evaluation. At this time, the patent right not only acts as the transaction object, but also plays the role of general debt-paying assets.
6. Patent trading of futures or options
Patent trading based on futures refers to patent trading based on futures contracts, which is a standardized contract stipulated by futures exchanges to deliver a certain number of patents at a specific time and place in the future. It regards patents as specific subject matter, or basic assets, as the corresponding spot of futures contracts; With the development of futures trading, it is the inevitable product of patent competition in various countries or regions to a certain stage; It is also a new derivative financial instrument with patent as the subject matter. Its essence is to separate the rights and obligations in the financial field, so that the transferee can exercise his rights on whether to conduct patent transactions within a specified time, and the obligor must perform it. The greatest charm of this financial derivative is that it allows the buyer of the option to lock the risk in a certain range.