Promote patent licensing and transfer
The so-called patent transfer means that the patentee, as the transferor, transfers his invention to the patent A contract in which ownership or holding rights are transferred to a transferee and the transferee pays an agreed price. The party who obtains the patent right through a patent rights transfer contract becomes a new legal patentee and can also enter into a patent transfer contract or a patent implementation license contract with others. The so-called patent license means that the patentee allows others to use the patent in a certain way within a certain area and within a certain period. It is specifically divided into five forms: exclusive implementation license, exclusive implementation license, general implementation license, cross-implementation license and sub-license.
There are hidden dangers behind the prosperity
It is understood that my country’s intellectual property licensing is very prosperous. Approximately more than 80,000 patents are licensed every year, which is more than ten times that of the United States. my country is very active in patent licensing and transfer, and has established many patent alliances and patent pool companies. However, some experts believe that my country's patent licensing and transfer market still has great potential.
A patent of a company in our country once sold for 200 million yuan, a price that has never appeared abroad. However, Shi *yan said that although my country's patent licensing and transfer activities are currently relatively active, the patent implementation rate is still not high. Due to complex technology export approval procedures, limited technology source channels, lack of unified standards for patent value assessment, different patent approval standards in different countries, and imperfect transaction guarantee mechanisms, as well as enterprises’ insufficient understanding of patent licensing and transfer, patent holders are asking for exorbitant prices or are under pressure. Due to many restrictions in licensing contracts and other reasons, although the number of patent licensing and transfer activities in my country is large, the proportion is not high.
In addition, the differences between China and foreign patent systems are also one of the reasons why international patent transfer and licensing activities are risky. Shi *yan pointed out that due to the different patent examination standards in different countries, it is difficult to unify the standards for judging the validity of patents, which undoubtedly poses a challenge to patent licensing transfers. Shi *yan said that some packaged and licensed patents should be subject to antitrust review, and core patents must be strictly evaluated.When evaluating, especially when licensing and transferring patents between countries, you must pay more attention to the laws of the host country and relevant international regulations.
Promote risk prevention
The State Intellectual Property Office has conducted A large amount of work has been carried out, such as launching the national patent industrialization project and patented technology industrialization pilot work, establishing a national technology patent trading platform, optimizing the patent market environment, and promoting effective patent transformation and implementation. In addition, the construction of the intellectual property evaluation system has been strengthened. Intellectual property evaluation is a key part of patent licensing and transfer. In June, the State Intellectual Property Office and the Asset Appraisal Association launched the intellectual property evaluation project, established and improved the intellectual property value evaluation system, including establishing the intellectual property asset evaluation method, which has entered the substantive stage of project construction.
Enterprises are the protagonists of patent transfer and licensing. A person from Beijing Hua-Qi Information Digital Technology Co., Ltd. said in an interview with a reporter from China ** Property Rights News that Hua-Qi Flag's annual investment in R&D accounts for more than 5% of the company's sales revenue, and its independently developed digital watermarking technology has been at the forefront of the world. The person said that Hua-Qi is gradually developing patent layout in related fields such as digital watermark technology and reading pen technology. As of March 2007, Hua-Qi Information has submitted a total of 385 patent applications.
In order to prevent new products from infringing other people's intellectual property rights and protect their own intellectual property rights, the person also emphasized that the company has established a new product intellectual property verification system. In the process of project establishment and new product admission, an intellectual property verification link is added to investigate possible patents, trademarks, and copyrights to ensure that one's own intellectual property rights can be applied for in a timely manner and to avoid infringement of third-party intellectual property rights. In addition, the company conducts patent document searches before new product admission and patent application. And actively use the patent document database as a tool for research and development.
Improving systems to aid development
It can be said that enterprises always have two roles in the development process A complex, one is the grantor of the patent, and the other is the licensee of the patent. In the process of enterprise development, not every technology must be obtained through independent research and development, so the licensing and transfer of patents have become an essential daily task.
The above is an introduction to the promotion of patent licensing and transfer. Friends who are unclear can learn more. Whether it is patent licensing or transfer, the premise is that the patent right has been obtained. When licensing and transfer are specifically carried out, bothIt can be paid or free, and the specific parties can agree on it themselves. If your situation is more complicated, Legal Savior Network welcomes you to seek legal consultation.
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