1. Main contents of the patent license contract
1. Patent licensor The main contents of the contract are as follows: basic information such as the name or gender of the patent applicant and patentee, patent name, patent quantity, royalties, performance method, performance period, performance location, liability for breach of contract, dispute resolution methods, etc.
2. Legal basis:
"Civil Code of the People's Republic of China" 84 Article 15: The content of a technology contract generally includes the name of the project, the content, scope and requirements of the subject matter, the plan, location and method of implementation, the confidentiality of technical information and materials, the ownership of technical achievements and the distribution method of income, acceptance standards and Terms such as methods, explanation of nouns and terms. Technical background information related to the performance of the contract, feasibility study and technical evaluation reports, project mission statements and plans, technical standards, technical specifications, original design and process documents, and other technical documents may be used as components of the contract according to the agreement of the parties. part. If a technology contract involves a patent, it shall indicate the name of the invention, the patent applicant and patentee, the application date, application number, patent number and the validity period of the patent right.
2. What are the methods of patent licensing?
1. Exclusive license. It means that the licensor stipulates that the licensee has the exclusive right to implement its patent under certain conditions. The characteristic of this kind of license is that the licensor himself cannot use the patent and cannot grant the same content license to any third party.
2. Exclusive license. It means that the licensor will not sign a license contract with the same content with any third party in the region, but the licensor still has the right to use the patent in the region. This kind of license is also called an exclusive license.Can.
3. Ordinary license. Also known as non-exclusive licensing, it is the most common patent licensing method. That is, while the licensor allows the licensee to use its patent, it still retains the right to use its patent in the region. At the same time, it can also grant the right to use it. A third party other than the licensee.
4. Cross-licensing. Also known as reciprocal licensing or mutual licensing, it means that both parties allow each other to use their respective patents.
5. Sub-license is also called sub-license and sub-license. It means that the licensee of the original patent license contract authorizes the patent rights or part of the rights to a third party for use under certain conditions with the prior consent of the licensor. Without the prior consent of the licensor, the licensee has no right to enter into a sublicense contract with any third party
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