Give full play to the role of patents in the proce

2022-07-25
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Give play to the role of patents in the process of technology transfer

patents can be used as a tool for technology transfer, which can promote or help technology transfer and affect technology transfer. In this regard, Vincent, a famous British patent agent, wrote a special article in the 1980s to introduce the situation in this regard, which is quite insightful

the role of patents in the process of technology transfer is embodied in the following aspects

first of all, the role of patent technology advertising can not be ignored. As a formal publication, the patent literature itself is a technical advertisement. The specific product and production method described in the published patent specification is a good advertisement. It tells people about the product or method described in the patent that the patentee has invented, which may make the problem of excess capacity of the technology structure more prominent. The transferee of technology transfer finds the appropriate technology. The timely exchange of published patent documents among patent offices in contemporary countries has strengthened their advertising role

if the patent is granted by a country that wants to obtain the transferee of the technology, the patent as a tool for technology transfer is more meaningful. Because one of the factors affecting technology transfer is that technology suppliers fear that once transferred, they will lose control of their technology. With the help of relevant patents, the technology supplier can better control the technology and have greater confidence to deal with the technology to be transferred. For example, even if the technology transferee fails to perform its obligations under the agreement, such as not paying royalties or using the technology beyond the scope specified in the agreement between the two parties, the technology supplier may take measures against the recipient's very stable performance in accordance with the patent law to safeguard its own interests

patents will also play an important role in the preparatory stage of technology transfer agreements. Before reaching an agreement on the technology transfer fee at the booth of Harbin Institute of technology, the technology recipient and the technology supplier usually have to enter into a confidentiality agreement to disclose the details in advance. According to the agreement, the recipient provides the supplier with the cost of the disclosed details, and the supplier provides the preliminary information to judge the transferred technology. If a technology transfer agreement is reached, this fee shall be counted as part of the technology transfer fee; If no agreement can be reached, the supplier can confiscate the recipient's money, but the supplier can do nothing about the recipient's use of the technical information disclosed in advance. If the supplier's technology has obtained the corresponding patent, the supplier can easily control the situation

therefore, the role of patent in the initial stage of technology transfer is that it is a bridge between the parties. In order to reach an effective formal technology transfer agreement, it can also help overcome many difficulties in the negotiation. We should make full use of these functions of patents

secondly, patents can provide the appropriate technology scope in the technology transfer agreement. The scope determined according to the patent claims is limited by experienced patent agents from both technical and legal aspects, and has also been legally examined by patent examiners. Therefore, in the patent claims, there may be a ready-made basis for determining the technical field in the agreement and the scope of the transferred technology. More importantly, the technical scope thus determined is easy to be understood and agreed by both parties. If both parties have defined the scope of technology in the technology transfer agreement, they will avoid disputes within the validity of the agreement. In this respect, patents can provide greater reliability for technology transfer agreements

for example, if the agreement is about the transfer of technology for the production of products or methods of use, and its products or methods have been patented, the scope of the transferred technology is related to the products or methods claimed in the patent. As for the technology that the recipient obtains less than the scope in the patent or the supplier wants to narrow the scope of use of its transferred technology, it may be another matter related to other factors

third, patents are helpful to determine the term of the agreement and to solve the fee clauses for the transfer of technology in the agreement

relevant quality defects will also be highlighted. Patents can provide an appropriate agreement period for technology transfer agreements, that is, the validity period of the patent itself. This is an objective time limit that can be accepted by both parties. First of all, it gives at least a periodic time result, which is beneficial for both parties to solve the time limit dispute. Patents are also useful for solving the royalties of the license for the transfer of patented technology. Because it can stipulate that the technology provided by the technology supplier shall be compensated by royalty within the patent validity period. Royalty is calculated according to the royalty period of the patent license and the income level of the product or production method, while the product or production method is the result of the transfer of technology by the technology recipient according to the scope requested by the patent

when a technology transfer agreement is reached, it usually needs to be approved by the relevant government departments of the parties' countries. It is precisely because of the factors of patent licensing that the rights transferred in the agreement are more legitimate, the insurance coefficient of the technology scope determined to be transferred is stronger, and the agreement is easier to be approved by the relevant government departments

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