Can patents with open license be licensed exclusively or exclusively?

According to the provisions of the Patent Law, a Patentee that implements an open license may grant a general license after negotiating with the licensee on the license fee, but may not grant an exclusive or exclusive license for the patent. Regarding the question of whether a patent under open licensing can be licensed exclusively or exclusively, the editor of Legal Savior Network will give you a detailed answer below.

1. Can patents that implement open licensing be licensed exclusively or exclusively?

1. Exclusive or exclusive license cannot be implemented. A patentee that implements an open license may grant a general license after negotiating with the licensee on the license fee, but may not grant an exclusive or exclusive license for the patent.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 51 Article 1 If any unit or individual is willing to implement an open-licensed patent, it shall notify the patentee in writing and pay the license fee in accordance with the published license fee payment method and standard, and then obtain the patent implementation license.

During the implementation of the open license, the annual patent fee paid by the patentee will be reduced accordingly.

A patentee that implements an open license may negotiate with the licensee on the license fee and then grant a general license, but may not grant an exclusive or exclusive license to the patent. .

2. What is an exclusive license

Patent implementation license contracts can be divided into exclusive implementation licenses, exclusive implementation licenses and general implementation licenses according to the extent of the implementation rights granted by the licensor to the licensee.

Exclusive implementation license means that the licensor grants the licensee the exclusive right to implement the licensed patented technology within the period, region or field specified in the contract. Contracts.

The exclusive implementation license contract requires the patentee to use the patented technology within a specified period, region or field, and also requires that no third party be allowed to use the patented technology, and the patent The owner cannot use it himself.

In real life, exclusive implementation licensing actually has inevitable shortcomings. For example, it imposes greater restrictions on the patentee, and the patentee can only obtain the license from the license. Collecting costs and benefits from fees carries greater risks. In addition, exclusive implementation license is not conducive to the promotion and use of new technologies.

According to the provisions of the Patent Law, the patentee who implements open licensing can negotiate with the licensee on the license fee and then grant a general license, but must not Grant an exclusive or exclusive license to the patent. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.