Q: On May 1th, 26, a company applied for a patent for a utility model of automobile tires, and obtained the patent right on June 1st, 29. On May 1th, 21, it signed a patent exclusive license contract with our company. How long will this contract be valid? Can our company license a third person to exploit this patented technology? Can our company sue the infringer in our name with the permission of the patent company?
A: Juntong Legal Online Consultation answers for you
There are five main types of patent licensing contracts:
(1) General licensing
General licensing is a licensing trade mode in which the licensor (patentee) can license the patented technology to others for multiple times. According to this licensing method, the patentee can not only allow the licensee to exploit his patent, but also allow a third party to use his patent, and the patentee himself still retains the right to use his patent. The advantage of this licensing method is that it is conducive to the popularization and application of patented technology. However, if the patentee is thoughtless and the department in charge of patent work is mismanaged, signing this licensing contract without restrictions will lead to overproduction of patented products and affect the interests of the patentee and the licensee.
(2) Exclusive exploitation license
Exclusive exploitation license means that the licensee has the exclusive right to use the patented technology of the licensor within a certain time and geographical limit, and the licensee is the only user of the patented technology, and neither the licensor (patentee) nor any third party can exploit the patent within the same time and geographical limit. According to this licensing method, although the patentee can get a higher patent technology use fee, it also fetters the patentee's own hands and feet, so this licensing method is rarely used in practice.
(3) Non-exclusive license
According to this non-exclusive license method, the licensor and the licensee share the right to use the patented technology, and the licensor may not allow a third party to exploit its patent. Licensor and licensee * * * share the market and obtain economic benefits through the implementation of patented technology.
(4) sub-licensing
This licensing method means that the patentee, as a licensor, allows the licensee to use his patent, and according to the contract, the licensee can also license the patent to a third party, which is a sub-licensing contract compared with the original licensing contract. Under this licensing mode, the patentee can collect part of the commission from the sub-licensing contract.
(5) Cross-licensing
Cross-licensing refers to the fact that when two patents exist at the same time, the patentees mutually license each other to exploit their own patents. How to share the specific benefits shall be agreed by both parties in the form of contracts.