1. Can the patent license be revoked after filing?
1. Patent license After filing, it can be revoked if the licensor is not the patentee recorded in the patent register or other rights holder who has the right to grant a license.
2. Legal basis: "Measures for the Registration of Patent Implementation Licensing Contracts"
Seventeenth Article 11: If the term of the license expires or the patent license contract is terminated in advance, the parties shall handle the registration and cancellation procedures with the State Intellectual Property Office within 30 days after the expiration of the term or the conclusion of the termination agreement with the filing certificate, termination agreement and other relevant documents.
Article 18, if the patent rights involved in the registered patent license contract are declared invalid or terminated before the expiration of the term, the parties shall promptly handle the registration and cancellation formalities.
Article 19: The type, term, license fee calculation method or amount, etc. of the registered patent license contract can be used as the administrative department for patent work. Reference for mediating the amount of infringement compensation.
2. Whether the patent licensing contract needs to be filed
1. Filing is required. A patent licensing contract is a type of technology transfer contract. It refers to a technology contract entered into whereby one party permits the other party to implement its patented technology in a certain manner within a certain period of time, in a certain area, and in a certain way. Licensing can take the form of exclusive implementation license, exclusive implementation license and general implementation license. According to the provisions of my country's patent law, patent implementation licensing contracts must be filed.
2. A patent license contract concluded between a patentee and another person shall be filed with the Patent Administration Department of the State Council within 3 months from the effective date of the contract.
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