Patent Licensing Legal Risk Management Strategy

Patent Analysis is to the relevant patent literature carry on select, statistics,analysis, make it into the available informations. First of all, the patent search,including Information Retrieval, legal status of patents retrieval, technology totrack retrieval, Infringement defense retrieval, and so on. The entrance of theRetrieve can be certain technical topics, Application for a patent (open) time,patent geographical or combination retrieval, the patent status research of sometechnologies, important countries, important companies, A natural person, majorcompetitors in a certain period of time and geography within the scope. Patentanalysis is divided into quantitative and qualitative analysis. The quantitativeanalysis is According to certain indicators to static the external characteristics ofthe patent documentation (all kinds of patent documentation Bibliographics),and interpretation and analysis the related data. Qualitative analysis is theanalysis process which based on the contents of the patent, to merge patent document according to the technical features, and ordering. Under somecircumstances, combine qualitative and quantitative analysis are necessary, inorder to achieve better results. Patent analysis results are mainly used to developnew products, formulate competitive strategy, develop patent strategy, and caneven provide support for the enterprise intellectual property management.Patent license contract for legal risk management, belongs to the areas ofintellectual property management, but due to the particular of license, the riskmanagement means significantly different,. Patent licensing system is thatpatentee allow the licensee paid to exploit the patent in the agreed time andgeographical area. The patent license contract due to the particularity of thesubject, the complexity of the licensing relationship, there are many legal risksin the permit implementation process. In the pas, many scholars research theLegal risk in the patent licensing process. often Simple description from a singlepatented technology and the internal conflict of patent law, few from Thespecific patent status of a particular industry, Seriously analysis the legal risks in the patent licensing.In this paper, patent statistical analysis was based on the China’s wineindustry, a careful analysis of the patent status of the Chinese wine industry,obtained patent ownership is unknown, the instability of the legal status, thetechnology cycle is short, patented technology exchange is less at this stage ofChina’s wine industry patents features. And this situation to the patent licenselegal risks, including: the risk induced by Patent ownership unclearly, the riskinduced by the legal status instability, the risk induced by the third person tort,the risk induced by patented technology open inadequate, the risk induced byPatent claims unclear, and the risk induced by thePresence of dependent patents.To the risk of the Patent licensing induced by Patent status of the wine industry.constructive views were put forward, that is establish Specialized patentmanagement organizations, patent licensing system, patent information system,and actively respond to the patent infringement litigation and invalidation.