Patent licensing Patent licensing is a system in which the patentee allows others to exploit his patent and obtain rights and interests according to the patent licensing contract. Usually, the transaction through signing a patent licensing contract is called licensing trade. There are several kinds of patent licenses: (1) General license. (2) Exclusive license. (3) Exclusive license. (4) sub-licensing. (5) Cross-licensing. There are several kinds of patent licenses: (1) General license. After granting others the right to use the patent within the specified time and area, the patentee still reserves the right to exploit the patent, and has the right to sublicense the same patent to any third party in the same area. (2) Exclusive license. After the patentee authorizes others to enjoy the right to use the patent within the specified time and region, the same license shall not be issued to any third party except that the patentee may retain this right. (3) Exclusive license. After the patentee has granted the other party the right to use the patent within the specified time and territory, it is not only not entitled to issue the license to the third party, but also not allowed to use the patent itself within the contract period. (4) sub-licensing. The patentee permits the other party to use the patent within the specified time and territory, and at the same time allows the licensee to license the patent to a third party. (5) Cross-licensing. Both patentees allow the other party to exploit their own patents within a certain time and area, or allow the other party to license their own patents to any third party. To invoke the defense of prior use right, the actor should meet the following conditions: (1) The actor must make necessary preparations for the above-mentioned manufacture or use by implementing or preparing the same patented technology, that is, he has started to manufacture the same products as the patented products and used the same methods as the patented products. (2) The above-mentioned manufacturing, use or preparatory work for manufacturing and use must have been carried out before the patent application date and should continue until the application date. If the above-mentioned behavior has stopped before the application date, although it has been manufactured, used or is ready to be manufactured and used, it cannot be used as a defense for prior use; (3) Implementation should be limited to the original scale. If the prior user continues to manufacture or use the product or method protected by patent within the original scale, it shall not be regarded as infringement. Where a patent is exploited beyond the original scope, the excess part shall be regarded as infringement.
Legal objectivity:
According to the provisions of the Patent Law, after the patent right for invention and utility model is granted, unless otherwise stipulated in the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method; After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes. It can be seen that the non-patentee must obtain the permission of the patentee if he wants to implement the patentee's patent, otherwise he will bear certain tort liability. At present, generally speaking, there are four forms of patent licensing: 1. General exploitation license can also be called "general exploitation license" or "non-exclusive license", that is, the licensor grants the licensee the right to exploit the patent within the scope stipulated in the license contract, but the licensor can still exploit the patent within the above scope and continue to license the third party to exploit the patent within this scope. 2. Exclusive exploitation license can also be called "exclusive exploitation license" or "partial exclusive license", which means that the licensor grants the licensee the right to exploit its patent under certain conditions, and at the same time guarantees that it will no longer license a third party to exploit the patent within the scope of the license, but the licensor still reserves the right to exploit the patent by itself. 3. Exclusive exploitation license, also known as "complete exclusive license", means that the licensor grants the licensee the exclusive exploitation right of the licensed patent in an agreed way within the time limit and area stipulated in the license contract. No one else, including the licensor himself, may use the patent. 4. Sub-licensing and sub-licensing, also known as "sub-licensing", means that the licensee of the original patent licensing contract sublicenses all or part of the patent right to a third party within the licensing scope with the consent of the licensor. V. Cross-licensing Cross-licensing, also known as "mutual licensing", means that two or more patentees grant each other the right to exploit their respective patents under certain conditions, that is, one party grants the other party the right to exploit its patents at the same time or after accepting the license of the other party. In addition, there are two special forms of patent license, namely compulsory license and promotion license. Compulsory licensing is to promote the implementation and promotion of patents, and the patent administrative department in the State Council will force others to license their patents against the wishes of the patentee; Popularization and application license is an invention patent of state-owned enterprises, institutions, collectively-owned units and individuals, which is of great significance to national interests or public interests. The relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, after reporting to the State Council for approval, decide to popularize the application within the approved scope and allow designated units to implement it. Any unit or individual that exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the patent exploitation fee. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.