What is the exclusive licensing method to obtain intellectual property rights?

Intellectual property licensing refers to the legal act of signing a written license contract between the intellectual property licensor and the intellectual property licensee in accordance with the law, and the licensor grants the licensee a license to use the intellectual property in accordance with the agreement.

Exclusive license is.

One of the ways in which intellectual property is licensed.

Exclusive License:

It means that the licensor allows the licensee to have the exclusive right to use the intellectual property within the specified geographical scope, and no third party, including the licensor itself, has the right to use the intellectual property.

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It refers to the licensing of patents, in which the patentee licenses others to exploit their own patents, which can be divided into general licenses, exclusive licenses, patter licenses, cross-licenses, etc.

An exclusive license means that after being licensed to others, it cannot be implemented by oneself for a specified number of years.

An exclusive license is a license that can only be exercised by the licensee (only one) and the right holder.

A general license means that more than one licensee can be licensed, and the right holder can still implement it himself.

Cross-licensing is a mutual license between the owners of two or more patents.

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A patent exclusive license is granted by the patentee and only authorizes another person to exploit their own patent, and cannot be sub-licensed to a third party. An exclusive patent exploitation license contract means that the transferee has the right to use the patented technology specified in the contract within the prescribed scope, and neither the transferor nor any third party shall have the right to use the patented technology within the scope of the vertical hail field at the same time. According to this contract, the patentee allows the licensee to enjoy the exclusive right to use its patent for a certain period of time and within a certain geographical scope, and the licensee pays the patentee royalties according to the agreed amount.

This kind of contract requires the patentee not only to not allow a third party to use the patent within a specified time and territory, but also not to use it himself. Article 11 of the "Patent Law" After a patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell, or import its patented product for the purpose of production or business, or use its patented process, or use, offer to sell, sell, or import products directly obtained in accordance with the patented process.

The exclusive license patent right belongs to the person granted by the patentee to the exclusive licensee. Exclusive license patent right means that with the permission of the patentee, the transferee has the exclusive right to use the patented technology. That is, neither the grantor nor any third party shall have the right to use the patented technology within the scope at the same time.

[Legal basis].

Article 11 of the Patent Law of the People's Republic of China After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and business. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for production and business purposes. Article 12 Any unit or individual that exploits another person's patent shall conclude a license contract with the owner of the exclusive license and pay the patent royalties to the patentee.

The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.

There are many types of patent exploitation licenses: 1. According to the implementation period, there are exploitation licenses during the entire validity period of the patent and exploitation licenses for a certain period of time during the validity period of the patent; According to the implementation area of Li Wei, there are implementation permits within the territory of our country and implementation permits in specific areas; 2. According to the scope of implementation, there are manufacturing licenses, use licenses, sales licenses and all licenses for manufacturing, use and sales; According to the number of points for the use of the exploitation patent, there are general exploitation licenses and specific exploitation licenses; 3. According to the implementation conditions, there are general implementation licenses, exclusive implementation licenses, exclusive implementation licenses, exclusive implementation licenses, separate implementation licenses and cross-implementation license contracts. Since there are many types of patent exploitation licenses, the scope of exploitation must be clearly defined in the patent exploitation license contract.

The patent exploitation license contract has a special format, which should be filled in carefully according to the regulations.

Article 48 of the Patent Law in any of the following circumstances, the patent administration department may grant a compulsory license for exploitation of the invention patent or utility model patent upon the application of a unit or individual that meets the conditions for exploitation: (1) the patentee has not exploited or fully exploited the patent without justifiable reasons for three years from the date of grant of the patent right and four years from the date of filing the patent application; (2) The patentee's act of exercising the patent right is determined to be a monopolistic act in accordance with law, and the purpose is to eliminate or reduce the adverse impact of such act on competition.

The main features of intellectual property are as follows:

1. Intellectual property rights are intangible property; That.

2. Intellectual property rights have the characteristics of exclusivity; That.

3. Intellectual property rights are temporal; That.

Fourth, intellectual property rights have regional characteristics. Article 26 of the Patent Law stipulates that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name of the applicant or the name and address, and other matters.

The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

For inventions that rely on genetic resources, the applicant shall indicate in the patent application the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Regarding the concept of intellectual property, there are currently three main ways to express it: 1. List the main contents of intellectual property This is a common method for domestic and foreign works, such as intellectual property traditionally includes three legal fields: patent, trademark and copyright; Or patent rights, trademark rights, copyrights, etc., are generally combined to call intellectual property rights. 2. The definition is mainly expressed in the treatises or textbooks on intellectual property law at home and abroad.

For example, Wu Handong's textbook states: "Intellectual property rights are rights that people enjoy in accordance with the law based on the results created by their own intellectual activities and the marks and reputations in their business management activities." 3. Complete enumeration of the objects of intellectual property protection In the Convention Establishing the World Intellectual Property Organization, intellectual property rights include the following rights: (1) literary, artistic and scientific works; (2) performances, sound recordings and radio programs by performing artists; (3) inventions in all fields of human activity; (4) scientific discoveries; (5) industrial designs; (6) trademarks, service marks, trade names and logos; (7) prohibition of unfair competition; and (8) all other intellectual activity in the industrial, scientific, literary or artistic spheres.

The scope of intellectual property protection in the Agreement on Intellectual Property Related to ** (TRIPS) is as follows: (1) copyright and related rights; (2) trademark rights; (3) geographical indication rights; (4) industrial design rights; (5) patent rights; (6) The right to design the layout of the integrated electric bucket road; (7) the right to protect undisclosed information; and (8) control of acts restricting competition in licensing contracts.

Patent exclusive license, simply put, means that the patentee authorizes and only authorizes another person to exploit his own patent, and cannot be sub-authorized to a third party. For the filing of a patent exclusive license, the assignee (licensee) shall have the right to use the patented technology specified in the contract within the prescribed scope, and neither the assignor (licensor) nor any third party shall have the right to use the patented technology within the scope at the same time.

[Legal basis].Patent Law of the People's Republic of China

Article 35 Within three years from the date of filing of an application for a patent for invention, the administrative department of the patent industry shall conduct a substantive examination of the application according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.