What are the risks of patent use?

When the cooperation between manufacturers and other units and individuals involves patent law, it should be handled through consultation according to the following different situations: First, when the other party provides patented technology for cooperation, both parties should conclude a patent technology license contract. The so-called patent technology license is a cooperative activity in which the patentee transfers the right to exploit the patented technology to others while retaining the patent right, allowing others to manufacture, use and sell the patented product within a certain range, or use its patented method. Therefore, when using the other party's patented technology, we must pay attention to the effectiveness of the other party's patent right, and the term of the patent technology license contract should be consistent with the term of the patent right. At the same time, we should also pay attention to the scope of patented technology allowed by the other party. When the other party authorizes us to use the patented technology, it also agrees to others to use the patent and reserves the right to use the patent. This patent technology implementation license is called general patent technology implementation license; When the other party authorizes us to use the patented technology, it does not agree with others to use the patent, but still reserves the right to use the patent, which is called the exclusive patented technology implementation license; When the other party authorizes us to use the patented technology, if neither the third party nor the other party can use the patent, it is called the exclusive patented technology implementation license. In the case of exclusive patent technology license, the patent license fee charged by the other party is the highest, while in the case of ordinary patent technology license, the patent license fee charged by the other party is the lowest. Second, when the two parties jointly develop patented technology, they should conclude a patent technology development contract to stipulate the rights and obligations of both parties. In the patent technology development contract, the division of technological achievements should be clearly stipulated. The two sides have developed new technologies through joint efforts. In the process of applying for a patent for a new technology, both parties should clarify who applies for a patent and the distribution of the right to use the new technology and the income during the patent application period. After the patent right is obtained, both parties shall reach an agreement on the enjoyment of the patent right. Because the development of new technology is limited by various conditions, it often fails or repeats. Therefore, in the patent technology development contract, both parties should clearly stipulate the issue of technical risk sharing. There are four kinds of risks that are reasonable technical risks; A the technology developed by both parties has been patented by a third party to the Patent Office; B the technical personnel in charge of technology development of either party lose their development ability, such as death and going abroad; C. The two parties encounter technical problems that cannot be solved in the process of joint development; D in the process of development, it is found that the developed project violates scientific principles, which makes the development impossible, and so on. After the occurrence of technical risks, both parties shall bear economic losses and responsibilities in accordance with the contract. In a word, the sharing of technical achievements and technical risks is a problem that must be paid attention to in joint development.