What are the precautions for patent implementation
1. Types of licensed use
Patent implementation licenses are divided into three categories: exclusive implementation licenses, exclusive implementation licenses and general implementation licenses. Different license types determine the scope of licensed use, the number of licensees, and the differences in litigation rights.
1. Exclusive license. It means that within a certain period of time and in a certain area, the patentee only authorizes the licensee to implement its patented technology, and no longer authorizes any other enterprise to use the technology. At the same time, the patentee himself cannot use the patented technology. In fact, the licensee has obtained the monopoly rights of the patented technology within a certain period of time and within a certain scope. Therefore, for this kind of implementation license, the licensee usually has to pay a high licensing fee.
2. Exclusive license to use. It means that within a certain period of time and in a certain area, the patentee authorizes the licensee to implement its patented technology and no longer authorizes a third company to use the technology, but the patentee still retains the right to implement the patented technology.
3. General permission to use. It means that within a certain period of time and in a certain area, the patentee authorizes the licensee to implement its patented technology. The patentee also reserves the right to implement the patent himself, and can also license others to implement the patent. This licensing method will create multiple competitors in the market, so the license fee will be relatively low compared to an exclusive license.
Due to different types of licenses, each has different rights of action. According to our country’s judicial interpretation, when a patent infringement occurs, the licensee who exclusively implements the license contract shall One can speak to the people aloneThe court files an application; the licensee of the exclusive license contract may file an application if the patentee does not apply. The licensee under a general implementation license contract can only file a lawsuit in court with the authorization of the patentee.
2. Term of license contract
my country's "Patent Law" clearly stipulates that the term of invention Patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years years, calculated from the date of application.
The patentee shall pay annual fees starting from the year when the patent right is granted. If the annual fee is not paid in accordance with the regulations, the patent right shall be terminated before the expiration of the term. , so if you want your patent rights to continue, you must pay an annual fee to the State Intellectual Property Office every year. At the same time, when implementing patent licensing, both parties can also make an agreement on the payment of annual fees.
Therefore, when signing a licensing contract, you should first understand the status and period of the patent right. If the patent period has expired, the patent right has been terminated or has been declared invalid Under the circumstances, the patented technology has entered the public domain and anyone can use it free of charge, so the license contract is invalid; if the patent right is valid, the remaining years of the patent right should be considered. Generally speaking, the shorter the remaining years, the The lower the license fee, the higher the converse.
3. Filing of Patent Implementation License Contract
my country The "Patent Law Implementing Rules" stipulate that a patent license contract concluded between a patentee and another person must be filed with the patent administration department of the State Council within 3 months from the date of effective date of the contract. A contract is valid as long as both parties reach an agreement and does not violate legal provisions. Registration is not a necessary condition for the contract to take effect, but a registered license contract can be used against third parties.
my country's legal protection of intellectual property rights is constantly improving, but when an enterprise uses patents, it must pay attention to the above details and should pay attention to them. If you have other legal questions, our website also provides professional lawyer services, and you are welcome to consult online.
