What should I do if I wish to implement an open-licensed patent?

If the patentee voluntarily implements an open license, he may declare in writing to the Patent Administration Department of the State Council that he is willing to allow any unit or individual to exploit his patent, and if the method and standard of payment of royalties are specified, the Patent Administration Department of the State Council shall make an announcement and implement open licensing. . Regarding the question of how to implement an open-licensed patent if one wishes, the editor of Legal Savior Network will answer it in detail for you below.

1. How to implement an open licensed patent if you wish

1 . If the patentee voluntarily implements an open license, he may declare in writing to the Patent Administration Department of the State Council that he is willing to license any unit or individual to exploit his patent, and if the license fee payment method and standard are specified, the Patent Administration Department of the State Council shall make an announcement and implement the open license. license.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 50 If the patentee voluntarily declares in writing to the Patent Administration Department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the method and standard of payment of royalties, the Patent Administration Department of the State Council will make an announcement and implement open licensing. If an open licensing statement is made for a utility model or design patent, a patent right evaluation report shall be provided.

If the patentee withdraws the open license statement, it shall do so in writing and shall be announced by the patent administration department of the State Council. If the open license statement is announced and withdrawn, the validity of the previously granted open license will not be affected.

2. Cases in which patent implementation license contracts are not allowed to be filed

A patent license contract entered into between a patentee and another person shall be filed with the patent administration department of the State Council within 3 months from the effective date of the contract. This is an administrative means for managing patent implementation licenses. Situations in which the patent right is not allowed to be recorded:

(1) The patent right has been terminated or declared invalid;

(2) The licensor is not the patentee recorded in the patent register or other rights holder who has the right to grant a license;

(3) The content of the patent implementation license contract is incomplete. The patent implementation license contract submitted by the parties should include the following content:

1. Name and address of the parties involved;

2. Number of patent rights and the name and patent of each patent right No., application date, authorization announcement date;

3. Type and period of implementation license.

(4) The term of the implementation license exceeds the validity period of the patent right;

(5) The joint patentee violates legal provisions or agrees to enter into a patent license contract;

(6) The patent right is in the late payment period for annual fees;

(7) There is a dispute over the ownership of the patent right or the people's court rules to take preservation measures against the patent right, and the relevant procedures for the patent right are suspended;

(8) The same patent license contract is filed repeatedly;

(9) The patent right is pledged, Except with the consent of the pledgee;

(10) Conflict with the registered patent license contract;

(11) Other circumstances that should not be recorded.

If the patentee voluntarily implements an open license in accordance with the provisions of the Patent Law, he may declare in writing to the Patent Administration Department of the State Council that he is willing to license any unit or individual to implement the patent If a patent is issued and the method and standard for payment of royalties are specified, the patent administration department of the State Council shall announce it and implement open licensing. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.