What is the term of the patent license contract
According to my country's patent law It is stipulated that the patent license contract has a time limit, which is generally negotiated between the licensor and the licensee, but it cannot exceed the term of patent protection.
Relevant legal provisions
"Patent Law of the People's Republic of China"
Article 42 The term of invention Patent rights is twenty years. The term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before expiration, it shall be registered and announced by the Patent Administration Department of the State Council.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s patent law, the patent license contract has a time limit. Generally, it is The licensor negotiates with the licensee, but it cannot exceed the term of patent protection. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
