What measures can be taken by the licensor about the drawbacks of a simple patent exploitation licen

1.The patented technology itself is not necessarily mature.

2.The patentee intends to keep a portion of it when applying for a patent.

3.The patent exploitation license contract only stipulates that the patentee shall provide the technical specification, but not all the technical information.

4.There is no technical service and technical assistance clause in the contract.

The assignor of a patent exploitation license contract has the following obligations:

1. License the assignee to exploit the patent in accordance with the contract;

2. Deliver technical information related to the implementation of patents;

3. Provide necessary technical guidance;

4. Other obligations of the assignor of the patent exploitation license contract.

[Legal basis].

Article 12 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.

Any unit or individual that exploits another person's patent shall enter into a license contract with the patentee and pay the patentee royalties. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.

Article 14 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

In addition to the transfer of the exclusive right of the Chang family in accordance with Article 10 of the Patent Law, if the patent right is transferred for other reasons, the party concerned shall go through the formalities for the transfer of the patent right with the patent administration department with the relevant supporting documents or legal documents.

The patent exploitation license contract entered into between the patentee and another person shall be filed with the patent administration department within 3 months from the date of the effective date of the contract.

If the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department.

There is a difference between a patent exploitation license contract and a patent licensing contract. Patent application license refers to a contract in which the technology is transferred to the licensee for application, the application fee is paid by the licensee, the patent right belongs to the licensee after the patent is granted, and the income obtained from the use and transfer of the patent right belongs to the licensee. A patent exploitation license contract refers to a contract in which the patented technology is licensed to the licensee for production and use, and the patent right remains vested in the original patentee.

The two are very different in terms of the content of the contract.

1. What is the meaning of the notice of patent acceptance?

A notice of acceptance means that the State Intellectual Property Office has accepted its patent application.

A patent is generally a document issued by a ** organ or a regional organization representing a number of countries according to the application, which records the content of the invention and creation, and produces such a legal state within a certain period of time, and the patented invention and creation can only be implemented by others with the permission of the patent holder under normal circumstances.

Patent right refers to the patent right enjoyed by the patentee, that is, the state grants the patentee or its successor the right to use the invention and creation exclusively within a certain period of time in accordance with the law. A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain authorization or permission from the patentee in accordance with the law.

2. What are the types of technology transfer contracts?

A technology transfer contract is an agreement in which the transferor transfers the ownership or right to use a certain technological achievement to the transferee, and the transferee must pay the agreed price or royalties.

The following types are included:

1. Patent transfer contract.

2. The contract for the transfer of the right to apply for blind profits.

3. Technology secret transfer contract.

4. Patent exploitation license contract.

Article 862 of the Civil Code stipulates that a technology transfer contract is a contract entered into by the right holder who legally owns the technology to transfer the relevant rights of existing specific patents, patent applications and technical secrets to others.

A technology license contract is a contract entered into by the right holder who legally owns the technology and licenses the relevant rights of existing specific patents and technical secrets to others for implementation and use.

The agreement in the technology transfer contract and technology license contract on the provision of special equipment and raw materials for the implementation of the technology or the provision of relevant technical advice and technical services is an integral part of the contract.

The types of patent licenses can be classified according to their nature, scope, and authority. According to the nature of the license, it can be divided into contract license, plan license and template compulsory license. According to the size and scope of the rights granted to the licensee by the licensor, it can be divided into:

1. Dubu orange occupies the license.

It means that the licensee not only obtains the right to exploit a patented technology within the specified time and territory, but also has the right to refuse any third party, including the licensor, to implement the technology within the specified time and territory.

2. Exclusive license.

Also known as exclusive licensing, that is, in a certain region, the licensor only allows one licensee and no longer licenses others to implement its patented code syndicate in the region, but the licensor still has the right to implement it in the region. In other words, an exclusive license is basically the same as an exclusive license, except that it does not exclude the licensor from exercising it himself.

3. General License.

Also known as a non-exclusive license. The Licensor permits the Licensee to use a patent for a specified period of time and territory, while the Licensor itself retains the right to use the technology in that territory and to enter into a license contract with a third party for the same technology.

4. Sublicensing.

Also known as sublicensing. The licensee of such a license may, with the consent of the licensor, license third parties to exploit its patents in its own name. The conditions of the sub-licence must be stated in the licence contract, and if they are not stated, even if it is an exclusive licence, it cannot be considered to have the right to sub-license.

5. Cross-licensing.

Also known as reciprocal licensing, reciprocal licensing, and interchangeable licensing. It refers to a transaction in which two or more patentees grant each other the right to exploit a patent under certain conditions. Cross-licensing generally does not involve the payment of royalties, but is limited to the scope and duration of the exchange technology.

If the value of the two patents is not equal, one of the parties may also give the other party some compensation.

1. The patent license is filed in **.

Procedures for filing with the State Intellectual Property Office and patent licensing:

1. The licensor shall enter into a written license contract with the licensor;

2. Pay patent royalties to the licensor as agreed;

3. The patent exploitation license contract concluded between the patentee and another person shall be filed with the State Intellectual Property Office within three months from the effective date of the contract.

Answer]: B Exclusive license refers to the licensing method in which no one other than the licensee, including the patent right seller, is allowed to exploit the patent during the validity period of the exclusive license, and only the licensee has the right to exploit the patent.