How to implement patent licensing for shared patent rights

If the co-owners have an agreement on the patent license, the agreement shall be followed; if there is no agreement, the co-owners may independently implement the patent or license others to implement the patent in the form of a general license. License royalties are divided among the co-owners. Regarding the issue of how to implement patent licensing for shared patent rights, the editor of Legal Savior Network will answer it in detail for you below.

1. How to implement patent licensing for shared patent rights

1. Shared patent rights are subject to patent licensing under the following circumstances:

(1) If the co-owners of the right to apply for a patent or the patent right have an agreement on the exercise of the rights, then the its agreement.

(2) If there is no agreement, the co-owner can implement the patent alone or license others to implement the patent in the form of a general license; if the co-owner licenses others to implement the patent, the usage fee charged Fees should be divided among the co-owners.

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

Article 14 If the co-owners of the patent application right or the patent right have an agreement on the exercise of the right, the agreement shall prevail. If there is no agreement, the co-owners can implement the patent alone or license others to implement the patent in the form of a general license; if others are permitted to implement the patent, the royalties collected shall be distributed among the co-owners.

Except for the circumstances specified in the preceding paragraph, the exercise of a jointly owned patent application right or patent right shall require the consent of all co-owners.

2. What are the forms of shared patent rights?

Patent co-ownership is divided into common co-ownership and share-based co-ownership.

Co-ownership means that two or more co-owners share ownership of a joint patent right or patent application equally without dividing their shares.

Co-ownership by shares generally arises based on a contract, which means that two or more co-owners share in the invention or creation according to their contribution or in a predetermined ratio. Shared patent rights or patent applicationsrights and obligations.

Whether it is jointly owned or shared by shares, the co-owners jointly enjoy the rights to possess, use, benefit from and dispose of the jointly owned patent rights, which reflects the will of the co-owners . All procedures involving shared rights, such as filing a patent application, entrusting a patent application, entrusting a patent agent, transferring patent application rights or patent rights, withdrawing patent applications and renouncing patent rights, etc., must be signed and stamped by all co-owners. seal, and shall be handled by representatives of all co-owners or a jointly entrusted patent agency.

According to the provisions of the Patent Law, if the co-owners have an agreement on the patent license, the agreement shall be followed; if there is no agreement, the co-owners may implement it alone or in an ordinary way. A license allows others to exploit the patent. License royalties are divided among the co-owners. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.