Current Position: Home > IP News > How much money does a patent make? Split the claims and license them to different enterprises

How can a patent be split up and licensed to different enterprises? A few days ago, Shanghai Jiaotong University School of Medicine (hereinafter referred to as Shanghai Jiaotong University School of Medicine) gave birth to such a case of transformation of scientific and technological achievements, which aroused attention in the industry.

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Break through the "one hammer" business

Fan Tianhao, head of the science and Technology Development Department of the Medical College of Shanghai Jiaotong University, told reporters that the Chinese invention patent application submitted by fan Tianhao, entitled "antibody heavy chain constant region sequence for enhancing the activity of agonistic antibody", can be applied to the research and development of anti-cancer drugs.

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"Different from the one-time transaction of" things ", patents can be" one fish, two meals. " Fan Tianhao said that the patent claims cover multiple drug targets, which makes it possible to split the license.

According to a recently publicized information, the Medical College of Shanghai Jiaotong University plans to license the patent right within a specific target area to a Shanghai Pharmaceutical Technology Company in the form of exclusive license after the patent application is authorized. The contract amount is about 300 million yuan, plus sales commission.

Previously, the invention was also licensed to a Suzhou enterprise in the form of exclusive license in other target areas. The total amount of the two licenses is expected to exceed 500 million yuan.

Can patent exclusive license be split into two? Xu Chunming, Dean of the school of intellectual property of Shanghai University, believes that it is completely feasible. "Most patent claims are often a combination of technical solutions. If the technical solutions protected by patents are licensed separately, the effect of" multi-point flowering "can be formed."

In the process of achievement transformation, the technology transfer center of Medical College of Shanghai Jiaotong University first put "the first pass". "In view of this achievement with transformation potential, we introduce a third-party organization for technical consultation and Cultivation Evaluation, and connect professional teams with special experience and qualified technology traders." Fan Tianhao said.

The development capacity of a single company is limited. If only one company is licensed, the research and development of some target drugs will be shelved, and the commercial value and social value of the achievements will not be realized to the greatest extent. "Do a good job in transaction design, license the patent right of each target to multiple enterprises, and each enterprise will obtain exclusive license, and there will not be too much direct competition." Zonggang said.

"Patent splitting license" can avoid the stagnation of scientific research achievements transformation. "The" one shot "sale of patent transfer allows both parties to bear greater risks, and patent licensing is a more flexible way." Zonggang said that if a patent is compared to a house, patent transfer is like selling a house, while patent license is renting a house.

"If the licensed enterprise does not do well or stops the industrialization process, there is still room for the licensee to withdraw and re license. If after the transfer of the patent, whether the industrialization is good or bad, it has nothing to do with the invention team. "

Calling for "professional" team

"Connect with the market demand for high-quality invention and creation, the innovation of patent licensing mode, and the internal and external linkage to transform the achievements." Xu Chunming believes that the case of Medical School of Shanghai Jiaotong University is worth learning.

But not all research teams can get such "one-to-one" professional services. At present, professional teams are scarce both inside and outside universities and research institutes. "Legal and financial talents in the professional team are particularly scarce." It is indicated by the vertical stiffness.

The third-party service organizations make the commercial value of patents be mined and reflected, and promote the technology transaction. However, universities and scientific research institutes can not be "left behind".

"Colleges and universities should strengthen the construction of internal innovation transformation institutions and do a good job in process management. This is conducive to the intervention from the research and development stage, docking with market demand, and making scientific research to achieve the goal of achievement transformation. " Xu Chunming said.

"The two links of invention, creation and transformation cannot be separated. They should be integrated within the school." Fan Tianhao said that as an internal institution of the college, the technology transfer center grasps the research situation and progress of each team, and the whole process management provided by the center is conducive to meeting the needs of various parties in a timely manner and reducing the transformation pressure of inventors. "After a comprehensive evaluation of the project, we will also help the team to improve the scheme if the R & D ideas and patent layout need to be adjusted. After the end of the technology transaction, the college will continue to do tracking services. "

"At present, the most important thing is to solve the coordination between R & D departments and service institutions, and cultivate the value of patents from the source." Xu Chunming suggested that in the research and development stage, the technology transfer center and professional service institutions of the college should be involved together to make high-quality inventions meet the market demand by "stepping forward", and gradually carry out the right of high-quality scientific research achievements to improve the transformation efficiency. "Only good ingredients and good cooks can make a good dish." Xu Chunming said.

[tips] source: China intellectual property news. The copyright belongs to the original author. If there is something wrong, please contact to inform us of modification or deletion. Thank you.


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