Patent application

Patent licensing and patent transfer are common things in the operation practice of enterprises, but many people do not understand the difference between the two. They only know that a patent can be used as long as the transfer or license of a patent is obtained. Today, Evergrande will explain the difference between patent licensing and patent transfer.

Patent licensing

The full name of patent licensing, also known as patent license trade, refers to the patent technology owner or its authorized person to license others to implement their own patent in a certain period, a certain area and in a certain way, and to charge others the use fee. It is divided into manufacturing license, use license, sales license, etc., which has the function of transforming, applying and promoting the patent technology achievements.

Of course, patent licensing is only to license its use, the licenser still has the ownership of the patent, and the licensee only obtains the right to implement the patented technology, and has no patent ownership. In fact, patent licensing is a kind of licensing trade in which the licensees are allowed to use their patents within a certain scope and pay royalties by way of concluding patent licensing contracts.

Patent transfer

It is a kind of legal action that the patentee has the right to apply for a patent and the patentee transfers the right of patent application and patent right to others. According to the patent law, the patent application right and patent right can be transferred. The transfer of the right to apply for a patent or the patent right by a unit owned by the whole people must be approved by the competent authority at a higher level; the transfer of the right to apply for a patent or the patent right by a Chinese person (or entity) to a foreigner must be approved by the relevant competent department of the State Council. The parties to the assignment of a patent application or patent right must conclude a written contract, which shall come into effect after registration and announcement by the patent office.

Once the patent transfer takes effect, the assignee obtains the patentee status, and the transferor loses the patent right status. The patent right transfer contract does not affect the effectiveness of the patent exploitation license contract concluded by the transferor and others before the establishment of the contract. Unless otherwise agreed, the rights and obligations stipulated in the original patent exploitation license contract shall be borne by the patent assignee. In addition, if the transferor has exploited the patent prior to the conclusion of the contract for assignment of patent right, unless otherwise stipulated in the contract, the transferor shall stop exploitation after the contract is established.

Date of publication: 2020/11/07 14:05:09 Number of browsing:112