Whether the patentee can terminate the patent license contract at will

After the patentee and the assignee sign a patent license contract, a contractual relationship is formed. As long as the contract is legal and valid, both parties have the obligation to perform the contract. Can the patentee terminate the patent license contract at will? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

Whether the patentee can terminate the patent license contract at will

No. If the patentee wants to terminate the patent license contract with the assignee, the patent license contract can be terminated only when the two parties negotiate or there are legal circumstances that allow the contract to be terminated. The patentee's exercise of patent rights shall be bound by the contract and cannot terminate the patent license contract at will.

At the same time, for the transferee of the patent implementation license contract The patent license contract cannot be terminated at will. After the two parties sign the contract, the transferee shall implement the patent in accordance with the agreement and pay the royalties as agreed. At the same time, the transferee shall not license a third party other than the agreement to implement the patent. .

"Patent Law"Article 47 Declaration of invalid patent rights It does not exist from the beginning.

The decision to declare the patent right invalid shall not be affected by the declaration. No patent rightsPatent infringement judgments and mediation documents made and executed by the People's Court before the effective date, patent infringement dispute resolution decisions that have been executed or enforced, and patent implementation licensing contracts and patent rights transfer contracts that have been executed do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.

No refund of patent infringement compensation shall be made in accordance with the provisions of the preceding paragraph. , patent royalties and patent rights transfer fees that obviously violate the principle of fairness shall be returned in whole or in part.

I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.