1. What are the types of patent licensing contracts?
According to the different licensing scope, patent licensing contracts can be divided into exclusive licensing contracts, exclusive licensing contracts and general licensing contracts.
(a) the exclusive implementation of the license contract
An exclusive license contract refers to the transferee's exclusive right to use patented technology within the scope of the contract. The licensor shall not exploit the patent by himself or use it in other ways within the time limit and scope stipulated in the license contract, nor shall it sign other license contracts with a third party. Otherwise, it is a breach of contract and should bear corresponding responsibilities.
(two) the exclusive implementation of the license contract
An exclusive license contract means that the transferee of the contract has the right to use the patented technology of the transferor to manufacture and sell products within the geographical scope, time limit or mode stipulated in the contract. To the extent that the transferee is licensed to exploit the patent, the transferor may not sign a patent exploitation license contract with a third party for the same patent. However, the transferor reserves the right to exploit the patent within this scope. Therefore, an exclusive license contract is an agreement that allows the licensor and the transferee to share the patent exploitation right. The exclusive license contract concluded by the parties shall not affect the state's exercise of the designated license right in accordance with Article 14 of the Patent Law.
(three) the general implementation of the license contract
General licensing contract is the most common way of patent licensing. The transferor of a general license contract allows the transferee to use its patented technology within the scope agreed in the contract, and reserves the right to exploit the patented technology by itself and allow any third party to exploit the patented technology within the scope.
Two, the patent licensing contract should include the terms.
A patent licensing contract shall include the following clauses:
(1) The name and domicile of the party concerned;
(2) The name of the project;
(3) the name and content of the invention-creation;
(four) the scope of the license;
(5) the date of application, application number, patent number and the validity period of the patent right;
(six) the time, place and method of delivery of technical information and data;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
3. What does the subject matter of the patent licensing contract mean?
The object of the contract is the object of the legal relationship of the contract, and the rights and obligations of the parties to the contract point to the same. The subject matter is a necessary condition for the establishment of a contract. Without the subject matter, the contract cannot be established. The terms of the subject matter must clearly indicate the name of the subject matter, make the subject matter concrete, and clarify the rights and obligations.
The transfer of ownership of the subject matter refers to the transfer of the subject matter of the sales contract from the seller to the buyer. Because the sales contract refers to the contract to transfer the ownership of the subject matter, the buyer's purpose is to pay the price to obtain the ownership of the subject matter, and the seller's purpose is to transfer the ownership of the subject matter to obtain the price. Therefore, the transfer of the ownership of the subject matter is the basic problem of the sales contract, which is related to the realization of the vital interests of the parties. Once the ownership of the subject matter is transferred to the buyer, the buyer refuses to pay the price or goes bankrupt, and the seller will suffer huge losses. Unless the seller retains the ownership of the subject matter or creates a security interest in the subject matter. Otherwise, once the buyer goes bankrupt before payment, the seller can only participate in the distribution of bankrupt property as an ordinary creditor, and its income may be far less than the receivable price. Therefore, discussing the transfer of ownership of the subject matter in the sales contract is mainly to find out the time of the transfer of ownership of the subject matter.
Legal objectivity:
Article 12 of the Patent Law of People's Republic of China (PRC) Any unit or individual who exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. Article 49 of the Patent Law of People's Republic of China (PRC) * * * When there is an emergency or extraordinary situation in the country, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit the invention patent or utility model patent. Article 50 of the Patent Law of People's Republic of China (PRC) * * * For the purpose of public health, the patent administration department of the State Council may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party.