What's the difference between patent licensing and patent transfer?

1. Different ways to acquire rights

Patent transfer is generally a way to change the patent right by purchasing a patent, which means that the right holder transfers all the patent rights of his patent to the assignee; Patent licensing is usually achieved by signing a patent licensing contract, which means that the patentee allows the licensee to use the patent in a certain way in a certain area and within a certain period of time.

2. Whether the patent right is transferred is different.

After the patent is transferred, the ownership of the patent right changes, and the buyer, the transferee, becomes the new owner of the patent and has the right to exercise all the rights of the patent right, while the original patentee, the transferor, no longer enjoys any rights to the patent. The period for which the patentee permits the other party to use it is generally shorter than the period for which the patent right is protected; The patentee's permission to the other party to use the patent right is often limited to a certain geographical scope.

3. The conditions for entry into force are different.

The transfer of patent rights usually requires both parties to conclude a written contract and register the transfer of rights with the relevant patent authorities before it takes effect.

In the practice of patent licensing, the licensor and the licensee will generally conclude a written contract, with the relevant provisions in the contract as the main reference for the entry into force of rights.