What are the obligations of both parties in a patent license contract?
In the licensing contract, the transferor’s main obligations are:
1. Ensure that he is the legal owner of the patented technology provided, and guarantee that he is the legal owner of the patented technology provided. Complete, correct, valid, and able to achieve the purpose stipulated in the contract;
2. In accordance with the contract, the assignee is permitted to implement the patent and delivers technical materials related to the implementation of the patent. , provide necessary technical guidance;
3. Undertake confidentiality obligations;
4. Exclusive The assignor of a license contract shall not enter into a patent license contract with a third party for the same patent within the scope of the license granted to the assignor to exploit the patent. The assignor of an exclusive license contract shall not exploit the patent within the scope of the patent that has been licensed to the assignee. An exclusive implementation license contract means that after the transferor grants the implementation of the patented technology in a certain area or within a certain period of time to the transferee, he no longer has the right to implement the patented technology within the scope and within the period, and no longer has the right to exploit the patented technology to a third party. Issue the right to license the patented technology. An exclusive license contract means that the transferor reserves the right to implement the patented technology within the scope and period of granting it to the transferee.
In a patent license contract, the main obligations of the assignee are:
1 , pay the price as stipulated in the contract.
2. Implement the patented technology in accordance with the scope, method, period, etc. agreed in the contract, and pay the annual usage fee as agreed.
3. Without the consent of the transferor, a third party other than those agreed in the contract shall not be permitted to implement the patented technology.
4. Undertake confidentiality obligations.
What are the forms of patent licensing?
1 , General implementation license
It can also be called "general implementation license" or "non-exclusive license", that is, the licensor grants the licensee the stipulations in the license contract. The right to implement the patent within the scope, while the licensor itself can still implement the patent within the above scope, and can continue to license third parties to implement the patent within the scope.
2. Exclusive implementation license
It can also be called "exclusive implementation license" or "partially exclusive license", which refers to the licensor Grants the licensee the right to exploit its patent under certain conditions and guarantees that it will no longer permit third parties to exploit the patent within the scope of the license, but the licensor still retains the right to exploit the patent.
3. Exclusive implementation license
Also known as "completely exclusive license", refers to the licensor The licensee is granted the exclusive right to implement the licensed patent within the period, region and in the agreed manner stipulated in the license contract. Others, including the licensor itself, are not allowed to use the patent.
4. Sub-implementation license
Sub-implementation license is also called "re-implementation license", which refers to the original patent license contract. The licensee, with the consent of the licensor, sublicenses the patent rights in whole or in part to a third party within the scope of the license.
5. Cross-implementation License
Cross-implementation license, also known as "mutual license", refers to two or more patentees granting each other the implementation of their respective patents under certain conditions. Right, that is, one party grants the other party the right to implement its patent at the same time or after accepting the license of the other party.
In addition, patent implementationThere are two special forms of licensing, namely mandatory implementation license and promotional application license. Compulsory implementation licensing is to promote the implementation and promotion of patents. Against the wishes of the patentee, the Patent Administration Department of the State Council compulsorily licenses others to implement the patentee's patent; while promotion and application licensing is for state-owned enterprises, institutions, collective ownership units and individuals. If an invention patent is of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to promote and apply the invention within the scope of approval and allow designated units to implement it.
Any unit or individual that exploits another's patent shall enter into a written license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
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