After the patent license contract is established, what should I do if the validity period of the patent expires or the patent is declared invalid?

Licensing others to exploit a patent only transfers the right to use the patent to the user, and the patentee does not change. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent. After a patent license contract is established, what should I do if the validity period of the patent expires or the patent is declared invalid? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

After the patent right implementation license contract is established, the validity period of the patent right expires or the patent right is What to do if the patent is declared invalid

Patent enforcement The assignor of a licensing contract shall maintain the validity of the patent during the validity period of the contract. If the patent is to be terminated during the validity period of the contract, the assignor shall pay liquidated damages or compensate for losses. If the patent right is declared invalid, the assignor shall compensate the assignee for the losses caused thereby.

The patent implementation license contract only applies to the patent right. Valid during the duration. According to the provisions of the Patent Law, the term of invention Patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application. After the validity period of the patent right expires or the patent right is declared invalid, the patentee shall not enter into a patent license contract with others for the patent.

"Patent Law Implementing Rules"

Article 14 In addition to the transfer of patent rights in accordance with the provisions of Article 10 of the Patent Law, if the patent rights are transferred for other reasons, the parties concerned shall submit relevant certification documents or legal documents to the Patent Administration of the State Council. The department handles the patent transfer procedures.

The patentee and A patent license contract entered into by others must be filed with the Patent Administration Department of the State Council within 3 months from the date when the contract takes effect.

If the patent right is pledged, the pledger and the pledgee shall jointly register the pledge with the Patent Administration Department of the State Council.

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