If the Assignee fails to pay the fee as agreed upon, it shall pay the fee and liquidated damages as agreed upon. If the party fails to pay the royalties or pay the liquidated damages, it shall stop using the patented technology, return the technical data and bear the liability for breach of contract; Where the licensor uses the patented technology beyond the scope of the agreement or licenses the patented technology to a third party without the consent of the licensor, it shall cease the breach of contract and bear the liability for breach of contract. The following is the relevant content compiled by Legal Savior Xiaobian,
What are the consequences of violation of the patent licensing contract by the assignee
1. If the assignee fails to pay the royalty in accordance with the agreement, it shall pay the royalty and liquidated damages in accordance with the agreement;
(2) If it fails to pay the royalties or pay the liquidated damages, it shall stop using the patented technology, return the technical data and bear the liability for breach of contract; Where the licensor uses the patented technology beyond the scope of the agreement or licenses the patented technology to a third party without the consent of the licensor, it shall cease the breach of contract and bear the liability for breach of contract;
3. Where the confidentiality obligation is breached, the party shall be liable for breach of contract.
Article 14 Where, in addition to the assignment of the patent right in accordance with the provisions of Article 10 of the Patent Law, the patent right is transferred due to other reasons, the parties shall, by virtue of relevant supporting documents or legal documents, go through the formalities for the transfer of the patent right with the patent administration department under The State Council.
A patent licensing contract concluded between the patentee and another person shall be filed with the patent administration department under The State Council within three months from the effective date of the contract.
Where the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under The State Council.
2. What are the defense reasons for patent infringement
(1) Where the accused infringer defends the patent right by claiming that it has exceeded the term of protection, has been abandoned by the patentee, or has been declared invalid by an effective legal document, it shall provide corresponding evidence.
2. Where the accused infringer claims that the patentee has obtained the patent right in bad faith and abused the patent right to file an infringement lawsuit for defense, it shall provide corresponding evidence.
Where the patent right is declared invalid in a patent infringement action, it should not be easily identified as an abuse of the patent right.
(3) Obtaining a patent right in bad faith means knowingly obtaining a patent right for an invention or creation that should not be protected by a patent by circumventing the law or by improper means, for the purpose of obtaining improper benefits or stopping the legitimate conduct of others.
The following circumstances can be considered bad faith:
(1) Apply for a patent and obtain a patent for the existing national standards, industry standards and other technical standards before the date of application;
(2) knowingly applying for and obtaining a patent for a product widely manufactured or used in a certain region.
4. Where the technical features of the alleged infringing technical scheme are compared with all the technical features recorded in the claims, the lack of one or more technical features recorded in the claims does not constitute patent infringement.
(5) Where the technical features of the alleged infringing technical scheme are neither identical nor equivalent to those of the corresponding technical features in the claim, it shall not constitute an infringement of the patent right.
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