The Research On Application Of Legal Problems Of Contract Disputes Of Overall Transferring Of Related Patents

In economic era of intellectual property rights, intellectual property rights isincreasingly becoming the core of weapons of enterprises and countries to participatein market competition, and increasingly plays an important role in market competition.Patent competition which rely on technological innovation is top priority. To gaincompetitive advantage, the state, enterprises either increase investment in independentinnovation, seek breakthrough patented technology, or through patented technologytransactions, including patented technology licensing and transfer of technology andeven a competitive advantage.Today, the patent world is experiencing tactics competition which characterized bya single patent race tactics and this competition is being transformed to strategiccompetition which characterized by the patent group. Patent portfolio can generate acompetitive advantage which single patent is difficult to have. Though in patenttransactions the phenomenon of transferring of the related patents as a whole isbecoming more common, but problems caused by it, the legislative, theoreticalresearch and judicial practice never provide effective solutions. Thus under thiscontext, this paper attempts to explore and discuss the application of relavant laws ofthe contract dispute of transferring of related patents as whole.This paper which is starting from related patents and is on the basis of the existingliterature of patent portfolio, is going to discuss the application of contract dispute oftransferring of related patents as a whole which includes the validity of the contract,the performance of the contract, and liability for breach when the transferring contractof the patent as a whole is invalid partly etc. For future, it is of great value oftheoretical research and practical significance for overall transferring of relatedpatents.Based on the patent portfolio (patents focus, patent Alliance) content of thediscussion, the concept of patent portfolios to produce reasons, competitive advantageas epitaxial knowledge, to help us better understand the associated transfer of thepatent as a whole "concept, explore the related patents overall transfer contractdispute arising from application of law, and put forward relevant countermeasures andsuggestions, so as to achieve the purpose of the prevention and resolution of a rangeof issues related patents arising in the overall transfer contract.