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Transaction of patent rights

For a long time, the value of intellectual property was evaluated almost entirely by the number of applications and certificates. However, quantity does not guarantee quality and does not always show the real achievements of an invention. Therefore, we evaluate the enforcement and exchange of intellectual properties to estimate their value. Specifically, the value of intellectual property transaction can be estimated by the performance of equity, infringement litigation, licensing and transaction channels, stock exchange, damage compensation, license fees and trading price.

There are two types of transactions involving patent rights: transfers and licensing. A patent could be transferred from one party to another through an assignment or inheritance. Assignment is undertaken when the right holder disposes of all or partial rights to a patent by transferring them to another party (the assignee). Inheritance requires registration application in exchange for a certificate. Filing of the application involves application form, death certificate, certification of inheritance and the patent rights certificate.

Licensing refers to a contract between the licenser and the licensee. The licensee pays licensing fee and the licenser gives the licensee permissions to exercise the rights associated with the patent. According to the Patent Act, two types of licensing are available: exclusive and non-exclusive. If the licensee obtains an exclusive license, the licensee is entitled to enjoy the rights related to the patent to ask for infringement damage compensation, unless provided otherwise in the licensing contract.