1. What are the matters needing attention in a patent licensing contract?
1. Patent Things to note in the licensing contract include: Conduct subject qualification review. Clarify the nature of the contract and reasonably define the rights and obligations of both parties. In the contract, the parties should clearly agree on the method to be adopted for the acceptance of the patented technology.
2. Legal basis: "Patent Law of the People's Republic of China" Article 65, without If the patentee has permission to exploit the patent, that is to say, the Patent rights are infringed and any disputes arise, they shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested parties may sue the People's Court or request management of the patent. The work is handled by the department.
If the patent management department determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, he may voluntarily File a lawsuit in the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China" within fifteen days from the date of receipt of the handling notice; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement.
At the request of the parties concerned, the patent management department that handles the matter may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties concerned may mediate the amount of compensation for infringement of patent rights in accordance with the "China File a lawsuit in the People's Court under the Civil Procedure Law of the People's Republic of China.
2. What is the term of the patent license agreement?
1. The patent license agreement lasts only as long as the patent right exists. Valid during the period. During the duration of the patent right, the term of the invention patent right is 20 years, and the utility model patent right and the appearance patent right areThe term of design patent rights is 10 years, calculated from the date of application.
2. The patentee shall pay annual fees starting from the year when the patent right is granted. If the annual fee is not paid in accordance with the regulations, the patent right shall expire within the term. Therefore, if you want the patent right to continue, you must pay an annual fee to the State Intellectual Property Office every year. At the same time, when licensing the use of patents, both parties can also make an agreement on the payment of annual fees; if the two parties have not agreed on the payment of annual fees or the agreement is unclear, according to the "Supreme Court's Legal Issues Applicable in the Trial of Technology Contract Dispute Cases" According to the provisions of "Interpretation"), these obligations should be borne by the transferor of the patent license contract, that is, the patentee.
3. Therefore, when signing a licensing contract, you should first understand the status and period of the patent right. If the patent period has expired, the patent right has been terminated or has been declared invalid In this case, the patented technology has entered the public domain and anyone can use it free of charge, so the license contract is invalid; if the patent right is valid, the remaining years of the patent right should be considered. Generally speaking, the remaining years exceed Short, the lower the license fee, and vice versa.
Patent licensing contracts will be formulated by relevant national departments in a unified template, and the parties only need to slightly modify the template according to the actual situation. Moreover, this patent licensing contract template contains the statutory content that a patent licensing contract should have.
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