Patent licensing is the act of using the patent limited to a certain scope without assigning the patent right. According to the methods of patent license regulated by the law, it is mainly divided into four license:
1.Exclusive license: it can be applied by patentee and licensee, the patentee may not permit a third party to enforce the application, if the patentee does not stop the infringing act, the licensee shall be initiate patent infringement lawsuit;
2.Solo license :the licensee can exercise it but not the patentee and the patentee cannot permit a third to implement, the licensee may initiate a patent infringement suit;
3.General license: multiple licensees may exist simultaneously; Licensee may not initiate patent infringement proceedings.
According to Chinese law, a patent license contract shall be concluded in written form and be filed with the Patent Office within 3 months from the effective date of the contract.
The patent assignment refers to an act of law, including transferring the right of patent application or the patent right. It requires the parties concerned to sign a written agreement jointly, published and recorded by the Patent Office. Some assignment, by a Chinese entity or individual to a foreigner, foreign enterprises and other foreign organization must be approved by the competent authority. The transfer shall be effective on the date of registration.
Haijun team helps license/transfer clients to make evaluation and offer the value of the reference before license or transfer, besides, we do business negotiate as well, and assist our client finishing the process of licensing/transfer. We refer to licensed or assigned clients to investigate and verify the status of the patent rights of the enterprise that licenses or transfers the rights and reduce the disputes after receiving license/transfer of patent application. In the process of helping customers license/transfer, Haijun professional team helps our clients to analyze patented technical solution. We also make patent matching and to assist the relevant contract drafting, review and preparation according to the customer's technical requirements. So as to protect the interests of both parties.