1. What are the obligations of the assignee of a patent license contract?
1. The patent shall be implemented in accordance with the time, region, method and scope agreed in the contract;
2. Unless the assignor agrees, no third party other than the agreed party shall be permitted to exploit the patent;
3. Payment for the patented technology shall be made as agreed usage fee.
4. Legal basis: Article 12 of the "Patent Law of the People's Republic of China" Any unit or individual that exploits another person's patent shall enter into an implementation license with the patentee. contract to pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
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 is the process of applying for a patent?
The process for applying for an invention patent is as follows:
1. Applications for utility model and design Patents are not allowed. Including substantive review and early announcement. To apply for a patent, you must submit necessary application documents and pay fees as required.
2. Document applications must be made in writing or electronically. All formal documents must be signed and sealed in accordance with regulations, and the signatures must be consistent with the request. Fill in the full name or titleIf consistent, signatures and seals may not be copied.
3. Invention patents must undergo preliminary examination and substantive examination. Utility models and designs only require preliminary examination before being authorized and announced. Invention patents require submission of a request and instructions. , abstract of the description and claims, and when necessary, there should be accompanying drawings of the description.
4. For utility model patents, a request, claims, description, drawings of the description, abstract of the description and abstract drawings must be submitted. For design patents, a request must be submitted. Books, pictures or photographs of designs.
5. Article 34 of the Patent Law
The Patent Administration Department of the State Council shall After an invention patent is applied for, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
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