What does planned license for patent implementation mean?

What does the planned licensing of patent implementation mean? Many people may be less exposed to issues such as patent implementation in life, so this sounds very abstract to many people, so they don’t know much about it. The editor of Legal Savior Network has summarized the relevant knowledge on the issue of planned licensing for patent implementation. If you need it, take a look together.

What does planned license for patent implementation mean

Patent implementation license is also called patent license trade, which refers to patent The technology owner or his licensor allows others to implement the patent he owns for a certain period of time, in a certain area, and in a certain way, and charges usage fees from others. A patent implementation license only transfers the right to use the patented technology. The transferor still owns the ownership of the patent. The transferee only obtains the right to implement the patented technology and does not own the ownership of the patent. Patent implementation licensing is a licensing trade in which the licensee is allowed to use its patent within a certain range by entering into a patent implementation licensing contract and paying royalties.

Because our country is transitioning from a traditional planned economy to In the future transitional period of the market economy, planning will still occupy a certain position in my country's economic activities. Therefore, while recognizing that patentees have exclusive rights to their patents, my country's patent law also stipulates that the state can It is necessary to designate certain units to implement a certain patent without the consent of the patentee. This is commonly known as the planning permission system. Plan licensing does not deprive the patentee of the patent, so reasonable royalties should still be paid to the patentee.

What specific situations are included in the planned license for patent implementation

According to the different ownership nature of the patentee, the relevant provisions on planned licensing in my country's patent law are divided into Two situations.

One ​​situation is that of our country’s state-owned units The relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government have the right to decide on the patents held within this system or within their jurisdiction in accordance with the national plan. Important patents held by state-owned units are allowed to be implemented by designated units.

Another situation is the non-state-owned If a patent owned by an entity or individual is of great significance to national interests or public interests and needs to be promoted and applied, the relevant competent department of the State Council shall report it to the State Council for approval, and then allow designated entities to implement it.

From the two different situations of planning permission, Since the patent ownership of the patent owner is not owned by the state like the patent owner's patent ownership, the Patent Law distinguishes between patents held by state-owned units and patents owned by non-state-owned units or individuals in terms of planned licensing. Regarding the treatment, planned licensing of patents owned by non-state-owned units or individuals highlights the social welfare, and is also relatively complex and strict in degree, emphasizing that it should be approved by the State Council.

This issue is quite complicated, so you should read it carefully Look, I hope that through the above content you can have a deeper understanding of the planned licensing of patent implementations. If your situation is more complicated, our Legal Savior website also provides online lawyer consultation services, and you are welcome to have legal consultation.