Patent right, a kind of intellectual property right, is the right of the invention-creator or his transferee to exclusive exploitation of a specific invention-creation within a certain period of time according to law. What are the main Obligations of the parties to a patent licensing contract? Legal savior Xiaobian for you to sort out the relevant content, welcome to browse, thank you.
What are the main obligations of the parties to a patent licensing contract
Major obligations of the transferor:
1. Permit the transferee to exploit the patent within the scope specified in the contract. Let the Party maintain the validity of the patent right within the validity period of the contract and pay the annual patent fee on schedule. Otherwise, if the patentee fails to pay the annual fee as required, the patent right will be terminated in advance. The annual patent fee shall be paid by the transferor (patentee). The transferor maintains the validity of the patent right by paying an annual fee to fulfill its obligation to permit the transferee to exploit the patent in the contract.
2. Deliver the technical data for patent implementation as an integral part of the contract and provide necessary technical guidance. Technical data for patent application, including design documents, diagrams, etc. Providing necessary technical guidance to the transferee means helping the transferee to solve problems arising in the implementation of the patented technology in accordance with the contract, including assisting in installation, commissioning, training personnel, etc.
The main obligations of the transferee:
1. Pay the usage fee according to the amount and method agreed in the contract. Payment of royalties is a major obligation of the transferee.
(2) To implement the patent within the scope agreed in the contract, that is, to manufacture, use, sell the patented product or use the patented method beyond the licensed period, region or way. No third party other than those stipulated in the contract shall be permitted to exploit the patent.
Patent Law
Article 47 An invalidated patent right shall be deemed to have ceased to exist from the very beginning.
The decision to declare the patent right invalid shall not have retroactive effect on the judgments and conciliation statements of patent infringement made and executed by the people's court before the declaration of the patent right invalid, the decisions on the settlement of patent infringement disputes that have been performed or enforced, and the patent licensing contracts and patent right assignment contracts that have been performed. However, compensation shall be paid for any loss caused to others by the patentee's malice.
Where the patent infringement compensation, patent royalty or patent right transfer fee is not returned in accordance with the provisions of the preceding paragraph, and the principle of fairness is obviously violated, it shall be returned in whole or in part.
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