How to apply for patent implementation license
Patent implementation licensing procedures:
Procedures required for patent licensing:
(1). The licensee shall Enter into a written implementation license contract with the licensor;
(2). Pay patent royalties to the licensor as agreed;
(3). A patent implementation license contract concluded between the patentee and others shall be submitted to the State Intellectual Property Office from the date when the contract takes effect.
Patent implementation license, also known as patent license trade, refers to the patent technology owner or its licensor licensing others for a certain period of time, Implement the patents they own in a certain area and in a certain way, and charge others for use.
Patent implementation license only transfers the right to use the patented technology. The transferor still owns the ownership of the patent. The transferee only obtains the right to implement the patented technology and does not own the patent ownership. Patent implementation license It is a licensing trade in which the licensee is allowed to use its patent within a certain range by entering into a patent license contract and pay royalties.
Patent Implementation License What are the ways
According to "The Supreme According to Article 25 of the Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Technology Contract Dispute Cases, patent implementation licensing includes the following methods:
(1) Exclusive implementation license means that the assignor licenses the patent to only one assignee within the scope of the agreed license to implement the patent. Implementation, the assignor shall not implement the patent according to the agreement;
(2) Exclusive license means that the assignor licenses the patent to only one assignee within the scope of the agreed license to exploit the patent, but the assignor can implement the patent on its own in accordance with the agreement;
(3) Ordinary implementation license means that the assignor agrees to license the implementation of the patent within the scope of the agreement License others to practice the patent, and to practice the patent themselves.
The parties have no agreement or agreement on the patent implementation licensing method If it is unclear, it will be deemed as a general implementation license. If a patent license contract stipulates that the transferee may sublicense others to exploit the patent, the sublicense shall be deemed to be a general license, unless otherwise agreed by the parties.
For the use of other people’s patents, we should follow the patent Applicant's wishes. Obtain the right to use patents through correct legal means, rather than using some unfair methods and means to seize the right to use patents from others. This not only respects the fruits of others' labor, but also protects oneself. If you still have questions, please consult a Legal Savior Network lawyer.
