What are the categories of patent implementation licensing contract filing
Used in accordance with the patent assigned by the assignor According to the degree and scope of the right and the transferee's acquisition of the right to use the patent, a patent implementation license contract can be divided into an exclusive implementation license contract, an exclusive implementation license contract, a general implementation license contract, etc.
(1) Exclusive patent implementation contract
Exclusive patent implementation contract refers to the transferee’s The transferor or any third party shall not have the right to use the patented technology within the specified scope at the same time.
(2) Exclusive patent implementation license contract
The exclusive patent implementation license contract refers to the transferee’s stipulated The transferor shall have the right to use the patented technology specified in the contract within the scope of the contract, and the transferor will still retain the right to use the patented technology within the scope, but exclude any third party from using the same patented technology within the scope.
(3) General patent implementation license contract
A general patent license contract means that the assignee enjoys the right to The assignor not only retains the right to use the patented technology within the scope, but also reserves the right to transfer the right to use the patented technology to any third party within the scope. The form of license may include permission to sub-transfer to the transferee. The re-transfer license shall be a general implementation license.
The significance of patent licensing contract filing
In reality, many individuals or units do not file for registration because they are afraid of trouble and do not want to spend more money. Only when they "are needed" do they realize that filing is still okay. There are so many uses or benefits:
1. The patent license contract filing certificate issued by the State Intellectual Property Office is a supporting document for handling foreign exchange, customs intellectual property filing and other related procedures;
2. The nature, scope, time, amount of licensing fees, etc. of the registered patent implementation license contract can be used by the People's Court to manage patent work. The department shall be used as a reference when mediating or determining the amount of compensation for infringement disputes.
3. The assignee of a registered patent license contract has evidence to prove that others are committing or about to commit acts that infringe upon its patent rights , if it is not stopped in time, the legal rights and interests will be irreparably damaged, you can apply to the people's court to order the respondent to stop infringement of patent rights before litigation, or you can request the local filing management department to handle it according to law.
The filing of patent implementation licensing contracts regulates the behavior of patent transfer and authorization. It is a protective measure for patent owners. Readers who need legal help are welcome to go to the Legal Savior Network for legal consultation.
