On Legal Issues Of Patent Licensing Contract

Patent innovation as the representative of the21st century, Patent legal system encourages creators to innovate and protect the proprietary rights of the creators. Patent licensing contract in the patent technology innovation and its application is essential. The licensing contract is the main legal form of using a patent. Research on patent licensing contract may promote the application of technologies and maximize their profits. However, our current research on patent licensing contract is limited to the level of general technology transfer contracts, and there are not any other deep researches. This article is aiming to make a further study of analyzing the legal issues of patent licensing contract bases on the theories of Patent Law and Contract Law.The first chapter is an overview of the patent licensing contract. It introduced the nature of the right of patent licensing, patent licensing contract legislative model and the features, subjects, types of patent licensing contract.The second chapter mainly analyzes the legal acts which impact the patent licensing contract. Firstly, after the avoidance of contract, the effectiveness of the license contract is also the problem of the legal profession which has been explored. There are a large number of cases leading to the patent invalid in practice. The validity of the licensing contract invalid after a great impact on the interests of the parties to the contract. Secondly, the patent licensing contract which is made by the person who has no rights always happens, This article puts that if there is not any other severability, the patent licensing contract which is made by the person who has no rights should be valid, and this article particularly clarifies the rationality. Last but not the least, the current registrations of the patent licensing contract is recording registration, Registration for the rights of publicity function caused by changes in the contract does not reflect, There are plenty cases are not made reasonable judgments in judicial practice. This paper focuses on the three main types of licensing contracts to discuss the necessity of the registration.Chapter three discusses the Restrictive Business Clauses which is a special kind of clause in patent licensing contract. Firstly, it lists many definitions of the Restrictive Business Clauses, then it analyzes the reasons why the Restrictive Business Clauses happens and its representations, after that it points out the legal status between the licensor and licensee are not equal because of the proprietary monopoly character of the patent right, and it is also the basic reason which lead to the presence of Restrictive Business Clauses in licensing contract. Secondly, it provides a reference on the stipulations of the competition laws to perfect the regulate provisos in our country by a comparative analysis of the competition law.The last chapter based on the preceding chapters discussions on the licensing contract. In order to analyze how to make the technology implemented better and create some other great profits. Then put forward to some suggestions and opinions to circumvent the associated risks according to the analysis of its disadvantage.