What's the difference between patent licensing contracts?
As we all know, patent licensing contract is very important in the process of patent implementation. The significance of patent licensing contract is that technology can be produced and used by licensor, but patent right still belongs to patentee. Patent licensing contract refers to the transfer of technology to the licensee, and the cost of applying for patent is also paid by the licensor, and the patent right also belongs to the licensee. This is the difference between the two. Patent application license: the technology is transferred to the licensee for application, and the application fee is paid by the licensee. After the patent is granted, the patent right belongs to the licensee, and the proceeds from the use and transfer of the patent right belong to the licensee. Patent licensing contract means that the patented technology is licensed to the licensee for production and use, and the patent right still belongs to the patentee. 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 many times. According to this licensing method, the patentee can not only allow the licensee to exploit his patent, but also allow a third person 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, the department in charge of patent work is poorly managed, and this license contract is signed without restriction, it will lead to overproduction of patented products and affect the interests of the patentee and the licensee. What is the difference between a patent licensing contract and a patent licensing contract? (2) Exclusive license An exclusive license means that the licensee has the exclusive right to use the patented technology of the licensor within a certain time and geographical limit. The licensee is the only user of the patented technology, and neither the licensor (patentee) nor any third party may 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 shall not allow a third party to exploit its patent. Licensor and licensee * * * share the market through the implementation of patented technology and obtain economic benefits. (4) Sub-licensing means that the patentee, as the licensor, allows the licensee to use his patent. According to the contract, the licensee can also license the patent to a third party, and implement the licensing contract relative to the platform period. This is the sub-licensing contract. Under this licensing model, the patentee can collect part of the commission from the sub-licensing contract. (5) Cross-licensing Cross-licensing means that when two patents exist at the same time, the patentees license each other to exploit their own patents. How to share the specific benefits shall be agreed by both parties in the form of contract. What is the difference between a patent licensing contract and a patent licensing contract? Of course, this content only briefly introduces the difference between the two. For patents, we still have to make decisions according to what we need. The licensing contract for patent exploitation will involve a series of problems, and there will be many clauses in it. Everyone must read every clause carefully before signing to ensure fairness and justice.