How to deal with patent licensing contract disputes?

Judging from the ways of handling contract disputes stipulated in China's civil code, there are mainly three ways: mediation, arbitration and litigation. 1. Mediation 2. Arbitration Arbitration is a way for arbitration institutions to hear and decide contract disputes. The premise of contract dispute arbitration must be that there is a clear arbitration clause in the contract, or the two parties reach an arbitration agreement after the dispute occurs. The arbitration decision is legally binding on both parties and must be implemented. If the arbitration award is not fulfilled, the other party may apply to the people's court for compulsory execution. 3. Litigation refers to the specialized judicial organ that handles contract disputes in accordance with the provisions of the Civil Procedure Law, namely the people's court [4]. This is also the most commonly used method at present. For patent contract disputes, if there is no arbitration clause in the contract and no arbitration agreement is reached after the dispute occurs, both parties to the dispute may bring a lawsuit to the people's court with jurisdiction according to law, and the people's court shall hear and judge the patent contract disputes in accordance with the litigation procedures. Because mediation has no legal effect, the state has not set up a special institution to mediate contract disputes. It can be seen that the only institutions that handle contract disputes are the arbitration institutions that arbitrate and the people's courts that litigate. What are the types of patent contract disputes? 1. Patent application right transfer or patent right transfer contract dispute This kind of patent contract dispute occurs in the process of patent application right transfer or patent right transfer. The main reasons for this kind of disputes are as follows: ① In the case of patent application or patent dispute, the right transfer contract signed with others may be invalid, thus causing losses to the assignee and causing disputes. (2) Disputes arising from the transfer of rights without the consent of * * * and the applicant or * * * and the patentee. (3) The patent right has been invalidated (voluntarily waived, revoked or declared invalid), and the original patentee failed to notify the assignee in time, causing disputes. (4) Disputes arising from non-performance of contractual obligations by both parties. Patent application right or patent right transfer contract is a kind of technology transfer contract, and the settlement of disputes can be directly handled in accordance with the provisions of the Civil Code on technology transfer contract [2]. 2. Patent licensing contract disputes refer to disputes arising from unclear rights and obligations in the patent licensing contract. Patent licensing contracts also belong to technology transfer contracts, and related disputes should also be handled in accordance with the provisions of the Civil Code. 3. Patent technology intermediary contract disputes Patent technology intermediary contract is a kind of technical service contract, which is a contract concluded by patent agencies, information consulting institutions, technology markets and individuals to organize industrialized and commercialized production in order to transmit technical information and urge the patentee and the implementing unit to conclude. This kind of contract can be signed by the patent supplier and the patent demander jointly with the intermediary, or by the supplier and the demander separately with the intermediary. The contract is based on the absolute trust of the supply and demand sides in the intermediary and is voluntarily performed through the intermediary. The dispute of intermediary service contract is a dispute between the supplier and the intermediary, and their respective rights and obligations and liabilities for breach of contract should be regulated according to the technical service contract.