Patent application permission:
When the technology is transferred to the licensee for application, the application fee shall be 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.
The types of patent licensing can be divided according to their nature, scope and authority. According to the nature of license, it can be divided into contract license, planned license and compulsory license. According to the rights and scope granted by Licensor to Licensee, it can be divided into:
1, exclusive license
It means that the licensee not only has the right to implement a patented technology within the specified time and territory, but also has the right to refuse any third party, including all others including the licensor, to implement the technology within the specified time and territory.
2. Exclusive license
Also known as exclusive license, that is, in a certain area, the licensor only allows the licensee to exploit the patent in that area, but does not allow others to exploit it, but the licensor still has the right to exploit it in that area. That is to say, an exclusive license is basically the same as an exclusive license except that it cannot exclude the licensor's own implementation.
3. General license
Also known as non-exclusive license. It is a group of licensors, allowing the licensee to use a patent in a specified time and area, while the licensor still reserves the right to use the technology in the area and signs a license contract with a third party for the same technology.
4. Subordinate license
Also known as subordinate license. The licensee of this license may, with the consent of the licensor, license a third party to exploit its patent in its own name. The conditions of sub-licensing must be clearly stated in the licensing contract. If it is not stated, even an exclusive license cannot be considered as having a sub-license.
5. Cross-licensing
Also known as reciprocal license, mutual license and interchange license. It refers to a transaction in which two or more patentees grant each other the right to exploit their respective patents under certain conditions. Cross-licensing generally does not involve the payment of royalties, but is limited to the scope and duration of exchange technology. If the two patents are not equal in value, one of them can also give the other a certain compensation.
Patent licensing contract:
If the patented technology is licensed to the licensee for production and use, the patent right still belongs to the original patentee, and a certain fee is charged.
According to the licensing methods, it can be divided into general licensing, exclusive licensing and exclusive licensing.
General license: the patentee can license the patent to many people at the same time, and both the patentee and these licensees can use the patent.
Exclusive license: Only the patentee and the licensee can use the patent.
Exclusive license: after the patent is licensed to others, only the licensee can use the patent, and no one else (including the patentee himself) can use the patent.
In addition:
Compulsory license only belongs to the type of general license, and it cannot be exclusive license and exclusive license. Compulsory license is a license that occurs through compulsory force.
There is also a saying in the industry that two or more parties exchange patents or enjoy patents. Usually this license will not be exclusive. Many obligees are linked together through patents, and * * * is more powerful than others. Such as 3C and 6C in DVD.
Reference article:/subtitle/50915/50915.htm.