1. What are the consequences of the assignee's violation of the patent license contract
1. If the transferee fails to pay the usage fee as agreed, it shall pay the usage fee and pay liquidated damages as agreed;2. If you fail to pay royalties or liquidated damages, you should stop using the patented technology, return the technical data, and bear the liability for breach of contract; use the patented technology beyond the agreed scope and license a third party to use the patented technology without the consent of the transferor. If the company uses patented technology, it shall cease breach of contract and bear liability for breach of contract;
3. Anyone who violates the agreed confidentiality obligation shall bear liability for breach of contract.
Article 14 of the "Patent Law Implementing Rules" In addition to the transfer of Patent rights in accordance with Article 10 of the Patent Law, if the patent rights are transferred for other reasons, the parties concerned shall Patent rights transfer procedures should be handled with the patent administration department of the State Council on the basis of relevant certification documents or legal documents.
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 date of effective date of the contract.
If the patent right is pledged, the pledger and the pledgee shall jointly handle the registration of the pledge with the Patent Administration Department of the State Council.
2. What are the defense grounds for patent infringement
1. If the accused infringer makes a defense on the grounds that the patent rights have exceeded the protection period, been abandoned by the patentee, or declared invalid by a valid legal document, corresponding evidence should be provided.
2. The accused infringer filed an infringement lawsuit on the grounds that the patentee obtained the patent right in bad faith and abused the patent right to file an infringement lawsuit.Yes, corresponding evidence should be provided.
In a patent infringement lawsuit, if the patent right is declared invalid, it should not be easily determined as an abuse of patent right.
3. Obtaining patent rights in bad faith refers to obtaining patent rights by intentionally circumventing the law or using unfair means to create an invention that you know should not be protected by a patent. The purpose is to obtain improper benefits or to prevent others from performing legitimate acts.
The following situations can be considered as malicious:
(1) Replace existing information before the application date Apply for patents and obtain patent rights for technical standards such as national standards and industry standards;
(2) Apply for products that are knowingly widely manufactured or used in a certain region Patented and obtained patent rights.
4. Compared with all the technical features recorded in the claims, the technical features of the alleged infringing technical solution lack one or more of the features recorded in the claims. Technical features do not constitute infringement of patent rights.
5. Compared with the technical features of the alleged infringing technical solution and the corresponding technical features in the claims, one or more technical features are neither the same nor the same. If they are not equivalent, it does not constitute patent infringement.
In the actual operation process, it is recommended to consult professional opinions and ask the professional lawyers of the Legal Savior Network to deal with it and provide you with solutions to protect you to the maximum extent. legitimate rights and interests.
No comments yet. Say something...