What are the types of patent license contracts, and what are the types of patent license contracts

Jite intellectual property rights: 1. In the application stage, the application documents for utility models shall include: application for utility model patent, description, drawings of the description, claims, abstract and drawings attached to the abstract.

A utility model patent application must have drawings to the specification. If a patent ** institution is entrusted, a power of attorney shall be submitted. 2. At the examination stage, China implements a preliminary examination system for utility model patent applications.

During the preliminary examination, the examiner will issue a notice of amendment to the formal issues in the application document and a notice of reasons for reasons for reasons of office in response to obvious substantive issues, to which the applicant responds. Utility model patents are only subject to preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the application for a utility model patent has the documents and other documents specified in Article 26 of the Patent Law

In a patent exploitation license contract, if the licensor allows the licensee to enter into a license contract with a third party for the same patent, and the third party will exploit the patent within the term and territory agreed in the contract, the latter license contract signed between the licensee and the third party is a license contract. The sub-license contract can only be subordinate to the basic license contract, and there shall be no exceedance.

It can be divided into the following six types:

1. Exclusive license contract.

1) It refers to a patent license contract in which the licensee has the exclusive right to use the licensor's patented technology within a certain geographical scope and a certain period of time. In other words, the licensee is the sole licensed user of the patented technology in the territory and term specified in the contract, and even the licensor is not allowed to use the patented technology in the territory and period, but the patent right still belongs to the licensor.

2) According to this licensing method, although the patentee can obtain a higher fee for the patented technology to make a wide auction, it also restricts the patentee's own hands and feet, so this licensing method is rarely used in practice.

2. Exclusive license contract.

1) It means that the licensor only allows the licensee to use its patent exclusively for a certain period of time and no longer licenses any third party to use its patent, so it is also called an exclusive license contract.

2) The licensor still retains the use of the patent within the territory and period, and the licensor and the licensee can jointly occupy the market and obtain economic benefits through the implementation of the patented technology.

3. General license contract.

1) Also known as a non-exclusive license contract, that is, the licensee is allowed to use its patented technology within the specified territory and period, and the licensor has the right to sublicense a third party to use its patented technology and retain its own right to use.

2) The advantage of this licensing method is that it is conducive to the promotion and application of patented technology, but if the patentee has different considerations and different management, and signs this license contract without restrictions, it will lead to the overproduction of patented products and affect the interests of the patentee and the licensee.

4. Separate sales license contract.

1) The license contract resold by the licensee to others is called the sub-sale license contract, or the resale license contract, and the original license contract is called the main license contract.

2) The license contract that allows the licensee to resell the license contract to others is called a subsaleable license contract, and vice versa is called a non-subsellable license contract. Generally, the licensor is entitled to a commission from the royalties charged by the licensee for the sub-sale license contract.

5. Reciprocal license contract.

1) Also known as cross-licensing contract, it refers to the exchange of a license contract between two patentees to license each other's patents in a reciprocal manner.

2) How to share specific benefits, the two parties can also make an agreement in the form of a contract.

6. Compulsory license contract.

1) The State Intellectual Property Office may issue a compulsory license contract, but the licensee still has to pay a certain royalty and sign a compulsory license contract with the patentee. This type of license contract is not a patent license**.

2) When signing the patent license contract, the specific content of the license should be clearly explained in the contract, so as to correctly implement the contract and avoid disputes during the performance of the contract, and it is impossible to clarify right and wrong.

The content of the patent license contract is determined by the two parties through negotiation. The content generally includes the following aspects: 1. The content of the patented technology and the embodiment of the patent; 2. The type of license contract; 3. The validity period and geographical scope of the implementation license contract; 4. Technical guidance and technical service terms; 5. Warranty and guarantee clauses for patent defects; 6. Patent licensing fees and payment methods; 7. Liability for breach of contract and calculation method of liquidated damages or compensation for simple losses.

According to the scope of the license, the types can be divided into exclusive license contracts, exclusive license contracts, ordinary license contracts and other forms.

Legal basisPatent 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 patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; 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.

There are five main types of patent exploitation license contracts: (1) Ordinary exploitation licenseOrdinary exploitation license is a licensing method in which the licensor (patentee) can license the patented technology to others multiple times. Under this type of licensing, in addition to allowing the licensee to exploit its patent, the patentee may also allow third parties to use its patent, and the patentee itself retains the right to use its patent.

The advantage of this licensing method is that it is conducive to the popularization and application of patented technology, but if the patentee does not consider it well, the department that manages the patent work is mismanaged, and the license contract is signed without restrictions, it will lead to the overproduction of the patented product and affect the interests of the patentee and the licensee. (2) Exclusive license to exploit the patent, and the licensee shall not exploit the patent within the same time and geographical scope as the licensee shall have the exclusive right to use the patented technology of the licensor within a certain period of time and geographical limitations, and the licensee shall be the sole user of the patented technology, and neither the licensor (patentee) nor any third party shall exploit the patent within the same time and geographical scope. According to this licensing method, although the patentee can obtain a higher royalty for the patented technology, it also restricts the patentee's own hands and feet, so this licensing method is rarely used in practice.

3) Non-exclusive licenseAccording to this non-exclusive license, the licensor and the licensee share the right to use the patented technology, and the licensor shall not allow a third party to exploit its patent. The licensor and the licensee jointly occupy the market and obtain economic benefits through the implementation of patented technology. (4) The licensing method of sub-licensing means that the patentee, as the licensor, allows the licensee to use its patent, and the licensee can also license the patent to a third party in accordance with the contract, which is the sub-licensing contract as opposed to the original licensing contract.

Under this licensing method, the patentee can receive a partial commission from the sub-licensing contract. (5) Cross-exploitation license: Cross-exploitation license refers to the mutual licensing of the patentee to each other to exploit its own patent under the joint call of the coexistence of two patents. How the specific benefits are to be shared shall be agreed upon by both parties in the form of a contract.

The types of patent license contracts are:

1. Universal license contract, also known as non-exclusive license contract.

2. Exclusive license contract, also known as exclusive license contract.

3. Exclusive license contract, also known as full license contract.

4. Separate sales license contract.

5. Cross-licensing contracts, also known as reciprocal licensing contracts.

Legal basis] According to Article 346 of the Contract Law, the assignee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not license a third party other than the agreement to exploit the patent; and pay the usage fee as agreed.