Licensing others to exploit a patent merely transfers the right to use the patent to the user, and the patentee does not change. The Licensee has no right to allow any entity or individual other than those stipulated in the contract to exploit the patent. After the establishment of the patent right licensing contract, what shall be done if the patent right expires or the patent right is declared invalid? Legal savior Xiaobian for you to sort out the relevant content, welcome to browse, thank you.
After the establishment of the patent right licensing contract, what shall be done if the patent right expires or the patent right is declared invalid
The licensor of a patent licensing contract shall maintain the validity of the patent during the term of the contract. Where the patent is to be terminated during the term of validity of the contract, the grantor shall pay liquidated damages or compensate for losses. Where the patent right is declared invalid, the grantor shall compensate the loss caused thereby to the assignee.
A patent licensing contract shall be valid only during the duration of the patent right. According to the Patent Law, the term of patent right for invention shall be twenty years, the term of patent right for utility model and patent right for design shall be ten years, counted from the date of filing. After the patent right expires or the patent right is declared invalid, the patentee may not enter into a patent licensing contract with any other person in respect of the patent right.
Implementation Rules of the Patent Law
Article 14 Where, in addition to the assignment of the patent right in accordance with the provisions of Article 10 of the Patent Law, the patent right is transferred due to any other cause, the parties shall, by presentation of relevant supporting documents or legal documents, go through the formalities for the transfer of the patent right with the patent administration department under The State Council.
A patent licensing contract concluded between the patentee and another person shall be filed with the patent administration department under The State Council within three months from the effective date of the contract.
Where the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under The State Council.
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