How to avoid patent disputes

Ways to avoid patent disputes: Companies or individuals can recruit professionals or entrust professionals to conduct risk analysis and prevention on the overall patent situation for patent protection; companies can enter into confidentiality or non-compete agreements with workers who hold patents; companies can transfer patents to Divide it into different people for safekeeping. Regarding how to avoid patent disputes, the editor of Legal Savior Network will give you detailed answers below.

1. How to avoid patent disputes

1. Ways to avoid patent disputes ：

(1) Enterprises or individuals can recruit professionals or entrust professionals to conduct risk analysis and prevention on the overall patent protection;

(2) Enterprises can enter into confidentiality or non-compete agreements with workers who hold patents;

(3 ) Enterprises can divide patents to different people for safekeeping.

2. Legal basis: "Patent Law of the People's Republic of China":

Article 10 Patent application rights and patent rights are transferable. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

Article 12 Any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

Article 77: Use, offer for sale or sell for production and business purposes patent-infringing products that are not known to be manufactured and sold without the permission of the patentee , if it can prove the legal source of the product, it will not be liable for compensation.

2. What are the types of patent disputes?

1. Patent contract disputes. For example, licensing implementation contract disputes, patent transfer contract disputes, and remuneration disputes.

2. Disputes over patent ownership. For example, disputes over authorship rights, patent application rights, and exclusive implementation rights.

3. Patent infringement disputes.

4. Other types of disputes.

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