Its essence is that unless otherwise provided by law, no unit or individual may use the patented invention without the consent of the patentee himself, otherwise it will constitute infringement of the patent right. However, in order to prevent the patentee from abusing his rights and safeguard the overall interests of the country and society, Article 62 of China's Patent Law appropriately restricts the patentee's rights. The preemptive right of Chinese and African patentees is a legal restriction on the rights of patentees, that is to say, the principle of preemptive right is implemented in patent law to protect the legitimate rights and interests of non-patentees.
The types of patent licensing include the following:
Common patent licensing methods include exclusive license, exclusive license and general license. They are described as follows:
1. Exclusive license. Exclusive license means that the licensor completely grants the licensee the right to exploit a patent right within a specified period and territory. In the case of exclusive license, the patent right of the patent that is allowed to be exclusively exploited still belongs to the patentee. However, within the specified period and within the specified area, only the licensee has the right to exploit a specific patent, and no one else, including the patentee, has the right to exploit the same patented technology.
2. Exclusive license. It means that in a certain area, the licensee enjoys the exclusive right to exploit the licensed patent within the validity period of the contract, and the patentee shall not allow any third party to exploit the same patent in the same area and at the same time. Unlike the exclusive license, the patentee has the right to exploit the patent in China under the exclusive license.
3. General license. A general license is the right granted by the licensor to the licensee to exploit the patent in a specific area and time. Licensing is not exclusive and exclusive, and the patentee may exploit the patented technology with the licensor, a third party or himself. /ltimg/zs/50087/ 16280484234 16 _ 500877066 _ 580 wh 460 . jpg