Patent exclusive license simply means that the patentee authorizes others to exploit his own patent and may not authorize a third person.
The difference between general patent license contract, exclusive patent license contract and exclusive patent license contract;
1、
General patent licensing contract
In the patent licensing contract, both parties agree that the transferor shall license the transferee to use the patented technology within a certain scope, and reserve the right to use and transfer the patented technology within this scope. The characteristic of the general patent licensing contract is that after the right to use the technology is transferred to the transferee, the transferor still retains the right to use the patented technology, and at the same time, it is not excluded to continue to transfer it to others in the same area under the same conditions. According to the contract, the patentee allows the licensee to use his patent within a certain period of time and a certain geographical scope, and the licensee pays the royalties to the patentee according to the agreed amount. The contract does not restrict the patentee from using the patent at the same time and within the same geographical scope, nor does it prohibit the patentee from licensing his patent to a third party at the same time and within the same geographical scope.
2、
Exclusive patent licensing contract
A patent exclusive license contract means that the transferee enjoys the right to use the patented technology stipulated in the contract within the specified scope, and the transferor still retains the right to use it within this scope, but excludes any third party from using the same patented technology within this scope. According to the contract, the patentee allows the licensee to use the patent exclusively within a certain period and geographical scope, and the licensee pays the royalties to the patentee according to the agreed amount. However, the patentee himself still reserves the right to use his patent within this time and geographical scope.
3、
Exclusive patent licensing contract
The exclusive license contract for patent exploitation means that the transferee enjoys the right to use the patented technology agreed in the contract within the specified scope, and neither the transferor nor any third party can enjoy the right to use the patented technology within this scope at the same time. According to this contract, the patentee allows the licensee to enjoy the exclusive right to use his patent within a certain period of time and within a certain geographical scope, and the licensee pays the royalties to the patentee according to the agreed amount. This kind of contract requires the patentee not only not to license the third party to use the patent, but also not to use it for himself within the specified time and geographical scope. Patent sublicense contract (also called sublicense contract or resale license contract): According to this contract, the patentee allows the licensee to sublicense its right to use to a third party, so the license contract signed by the licensee and the third party is a sublicense contract relative to the original license contract. It should be pointed out that it must be clearly stipulated in the original license contract that the licensee has the right to sign a sub-license contract and the patentee also has the right to collect part of the royalties from the sub-license.