Exclusive license of patent right

Legal subjectivity:

There are many types of patent licenses: 1. According to the implementation period, there are licenses within the whole validity period and licenses within a certain validity period; According to the implementation area, there are domestic implementation licenses and specific regional implementation licenses; 2. According to the scope of implementation, there are manufacturing licenses, use licenses, sales licenses and all licenses for manufacturing, using and selling; According to how many points the patent is used, there are general licenses and specific licenses; 3. According to the implementation conditions, there are general license, exclusive license, exclusive license, sub-sale license and cross-implementation license contract. Because there are many kinds of patent licensing, the scope of implementation must be clearly defined in the patent licensing contract. The patent licensing contract has a special format and should be filled in carefully according to the regulations.

Legal objectivity:

Article 48 of the Patent Law Under any of the following circumstances, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model upon the application of a unit or individual with the conditions for exploitation: (1) Where the patentee fails to exploit or fully exploit his patent for three years from the date of granting the patent right, it shall be four years from the date of filing the patent application; (2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.