What is the effectiveness of patent implementation licensing contract filing
1. A patent licensing contract is essentially a civil contract . As long as it meets the statutory requirements and has no invalid circumstances, it is legal and valid.
A contract established in accordance with the law shall take effect from the time of establishment.
2. After the patent implementation license contract is signed, the Filing.
Except for transfer in accordance with Article 10 of the Patent Law In addition to patent rights, if the patent rights are transferred due to other reasons, the parties concerned shall go through the procedures for changing the patentee with the patent administration department of the State Council based on relevant certification documents or legal documents.
Patent implementation license contract entered into between the patentee and others , shall be filed with the Patent Administration Department of the State Council within 3 months from the effective date of the contract.
The Patent Administration Department of the State Council sets up a patent register to register the following matters related to patent applications and patent rights:Filing of patent implementation license contracts;
The Patent Administration Department of the State Council regularly publishes patent bulletins to publish or announce the following content: filing of patent license contracts;
Recording does not affect the validity of the contract. Filing is only a way for the state to manage patent licensing activities.
3. If there is no filing, for those who have obtained the license rights will have a certain impact. For example:
After the patent implementation license contract is signed, it should be carried out Filing. If there is no registration, it will have a certain impact on the rights of the person who obtained the license. If you have any other questions, please feel free to consult online.
