What types of patent licensing contracts are there?

The types of patent licensing contracts mainly include general licensing contracts, exclusive licensing contracts, exclusive licensing contracts, sub-licensing contracts, and cross-licensing contracts. Regarding what types of questions there are in patent licensing contracts, the editor of Legal Savior Network will answer them in detail for you below.

1. What are the types of patent licensing contracts?

1. Patent licensing The types of contracts mainly include general licensing contracts, exclusive licensing contracts, exclusive licensing contracts, sub-licensing contracts, and cross-licensing contracts. A technology licensing contract is a contract entered into by the right holder who legally owns the technology and licenses the relevant rights to existing specific patents and technical secrets to others to implement and use.

2. Legal basis: "Civil Code of the People's Republic of China"

Article 862 [Definition of Technology Transfer Contract and Technology Licensing Contract] Technology Transfer Contract It is a contract entered into by the right holder who legally owns technology and transfers the relevant rights of existing specific patents, patent applications, and technical secrets to others.

A technology licensing contract is a contract entered into by the right holder who legally owns the technology and licenses the relevant rights of existing specific patents and technical secrets to others to implement and use them.

The agreement in the technology transfer contract and the technology licensing contract regarding the provision of special equipment and raw materials for the implementation of the technology or the provision of relevant technical consultation and technical services is part of the contract. part.

Article 863 [Types and forms of technology transfer contracts and technology licensing contracts] Technology transfer contracts include transfer of patent rights, transfer of patent application rights, technology Confidential transfer and other contracts.

Technology licensing contracts include patent implementation licenses, technology secret use licenses and other contracts.

Technology transfer contracts and technology licensing contracts should be in writing.

2. What is the patent licensing filing process

The review and approval process for invention patent applications includes five stages: acceptance, preliminary review, publication, substantive review and authorization.

Utility model or design patent applications are not subject to review and approval. For early publication and substantive examination, there are only three stages: acceptance, preliminary examination and authorization.The specific process of patent application is;

1. The inventor files a patent application;

2. The State Intellectual Property Office accepts it;

3. The applicant pays the application fee;

4. Patent Office classification;

5. Preliminary examination;

6. After the invention is qualified, the applicant shall submit a request for substantive examination. The request for substantive examination shall be made within three years from the date of application. Submit it in writing;

7. If you pass the substantive examination, you will be granted a patent and obtain a patent certificate.

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