A patent is a type of intellectual property that refers to the exclusive right granted by a country to an inventor or creator for a certain period of time regarding their invention or creation. In foreign trade, patents are a core element of technology trade, licensing trade, and joint ventures and cooperation. Usage scenarios include: exporting patented products, signing patent license agreements, conducting patent technology transfers, and handling infringement disputes. Notes: 1. Patents are territorial in nature and must be applied for and granted in the target market country to be protected; 2. It is necessary to verify the patent's validity period, legal status, and whether it has been licensed to others; 3. A patent search should be conducted before export to avoid infringement; 4. Contract terms should clearly specify the scope of patent licensing, royalties, liability for infringement, etc. Unlike trademarks and copyrights, patents protect technical solutions rather than signs or works. Foreign trade practitioners should attach importance to patent layout and use the PCT international application or the Paris Convention route to obtain protection in multiple countries.
📝 Examples
1. Our company plans to export a batch of new energy-saving equipment to the United States, but the core technology of this equipment has already been patented in the United States, so we need to obtain permission from the patent holder first; otherwise, it will constitute infringement. (Note: Before export, it is necessary to confirm the patent status in the target country to avoid infringement.)
2. When signing a technology licensing contract with a German client, we explicitly agreed that the patent royalty would be 5% of sales, and the license would be limited to production and sales within the European Union. (Note: A patent license contract must clearly specify key terms such as royalties and territorial scope.)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
For unfamiliar terms, use GlobalSync's multilingual email helper to confirm with your partner