What is the sole implementation of a joint owner of a patent right
According to the relevant laws of our country, the sharing of patent rights Separate exploitation by one person means that if the co-owners of the patent right have no agreement on the exercise of the patent right, the co-owners can exploit the patent right alone.
"Patent Law of the People's Republic of China"
Article 15 If the co-owners of the right to apply for a patent 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 joint ownership The right to apply for a patent or patent right must obtain the consent of all co-owners.
The above knowledge is the editor’s analysis of relevant legal issuesThe answer is that according to the relevant laws of our country, the independent exploitation of the patent right by the co-owners means that if the co-owners of the patent right have no agreement on the exercise of the patent right, the co-owners can independently exploit the patent right. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
