Be careful when buying patents! Do you know the five core elements of patent trading?

Patent is an intangible asset, and its transaction is gradually becoming a difficult problem for both sides. Nowadays, more and more patent transaction disputes are one of the outstanding manifestations of this problem. Enterprises have to take greater risks when buying patents, so how do enterprises choose patents suitable for their own development? Be careful when buying patents! Do you know the five core elements of patent trading? Be careful when buying patents! Do you know the five core elements of patent trading? First, it depends on whether the patent is a core patent or a peripheral patent. Simply put, peripheral patents are relative to core patents, and their research and improvement are based on core patents. The value of the two is very different. A large number of applications for improved patents around core patents have surrounded them. In this way, although the owner of the peripheral patent still cannot directly use the core patent of others, it will still lead to the problem of infringement. However, in the market, if the core patent is implemented, these peripheral fences will also be encountered, so that cross-licensing can be formed, and both parties can use each other's patents without suing each other for patent infringement. Second, it depends on the scope of protection of the patent right. The protection scope of patent right refers to the scope of invention and creation involved in the legal effect of patent right. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings may be used to illustrate the claim. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The legal documents that determine the scope of patent protection are claims, specifications, photos or pictures of designs. Third, consider the validity and stability of the patent itself. Before signing the contract, you must verify the latest legal status of the patent. Patents are generally effective, and the legal status of patents is likely to change over time. When signing a patent trading contract, it is necessary to evaluate the stability of the patent right, otherwise there may be the risk of invalidation in the future, which will not only waste money, but also delay the production and operation of the enterprise. Four, choose the right agency and patent value evaluation company. If an enterprise wants to buy a patent, it can buy it through a professional intellectual property agency and entrust a patent value evaluation company to conduct a prior evaluation. Because these companies have considerable experience in judging the content and value of patents. Moreover, these companies are operating for the record and have good stability. Five, the introduction of patents need to choose the right way to introduce enterprises. There are many ways of patent transfer. Such as exclusive license, exclusive license, general license, complete transfer and so on. Each contract type has different efficiency and characteristics, and enterprises should make appropriate choices according to its actual use and industry characteristics. For example, when an enterprise needs a patent license when the number of patent applications is high, it must be an exclusive license for more than five years, and it must be authorized in the last three years. The competent department of science and technology is very strict in this review, and enterprises need to pay attention to it when conducting patent transactions.