What is the patent implementation rate
Patent implementation refers to the patentee or the patentee licensing others for production and operation Purpose, manufacture, use and sale of patented products or use of patented methods. Patent implementation rate refers to the ratio of patents authorized by the State Intellectual Property Office for actual production, licensing or transfer by an enterprise to the number of valid patents owned by the enterprise.
"Patent Law" stipulates: "Inventions and utility models After a patent right 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, the patent may not be manufactured, used, offered for sale, sold, or imported for production and business purposes. Products, or using its patented process and using, offering for sale, selling, or importing products directly obtained according to the patented process."
Patent implementation license speciesClass
Common types of patent implementation licenses include Exclusive license, exclusive license, general license, etc. are introduced as follows:
1. Exclusive license. An exclusive license is where the licensor fully grants the licensor all the rights to implement a certain patent right within a specified period and territory. Licensor. In the case of an exclusive license, the patent rights for the patent that is allowed to be exclusively implemented still belong to the patentee, but within the specified period and within the specified area, only the licensee has the right to exploit a specific patent. , no other person, including the patentee, has the right to implement the same patented technology.
2. Exclusive license. It means that within a certain region, the licensee enjoys the exclusive right to implement the licensed patent during the validity period of the contract. The patentee shall not license the same patent to any other company in the same region and time. A third party implements it. Different from an exclusive license, in the case of an exclusive license, the patentee has the right to implement the patent within the geographical scope.
3. Ordinary license. An ordinary license is where the licensor gives the licensee the right to implement a certain patent in a specified territory and time. Rights. This license is not exclusive and exclusive. The patentee can implement the patented technology with the licensor and third parties, or can implement the patented technology by itself.
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