Is it necessary to apply for patent license filing, and how to handle patent license filing?

Lawyer Ma Yingqiu answers: Hello, in order to effectively protect patent rights and standardize transaction behaviors, according to Article 15 of the Detailed Rules for the Implementation of the Patent Law and Order No. 18 of the Director-General of the State Intellectual Property Office, the parties in the patent exploitation license contract shall go to the State Intellectual Property Office or the local intellectual property office for the record within 3 months from the effective date of the contract. For a patent exploitation license contract that has passed the filing examination, the State Intellectual Property Office or the local intellectual property office will give a notice of conformity for the record, the record number, and the date of the record, and send the notice to the parties.

The materials that need to be submitted for filing are: (1) Application form for the filing of license contract (standard**), and the content of the application form should be printed (except for signatures and seals). (2) The original patent exploitation license contract.

3) Legal identity certificate of the licensor and licensee (individuals can submit a copy of their ID card, and foreigners can submit a copy of their passport).

1.The patentee, patent applicant or other right holder, as the assignor, may license the assignee to exploit the patent within the agreed scope. In order to effectively protect patent rights and regulate transactions, according to Article 15 of the Detailed Rules for the Implementation of the Patent Law and Decree No. 18 of the Director-General of the State Intellectual Property Office, the parties to the patent exploitation license contract shall file with the State Intellectual Property Office or local intellectual property office within three months from the effective date of the contract

For a patent exploitation license contract that has passed the filing examination, the State Intellectual Property Office or the local intellectual property office will give a notice of conformity for the record, the record number, and the date of the record, and send the notice to the parties.

2. The administrative department that handles the filing of the patent exploitation license contract.

The State Intellectual Property Office is responsible for the filing of national patent exploitation license contracts;

With the authorization of the State Intellectual Property Office, the intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government, as well as the five cities of Guangzhou, Wuhan, Shenyang, Xi'an and Shijiazhuang, are responsible for the filing of patent contracts within their respective administrative areas.

3. The time limit for filing the patent exploitation license.

In view of the timeliness and stability of the patent right, the parties concerned shall go through the filing formalities with the competent authority for the filing of the patent exploitation license contract within three months after the patent contract takes effect.

4. The validity of the filing of the patent exploitation license contract.

The certificate of filing of the patent exploitation license contract issued by the State Intellectual Property Office is a supporting document for handling foreign exchange, customs intellectual property recordation and other related formalities;

The nature, scope, time, and amount of royalties of a patent exploitation license contract that has been filed may be used as a reference when the people's court or the department in charge of patent affairs conducts mediation or determines the amount of compensation for infringement disputes.

Any patent license needs to be filed with the relevant authorities. According to the relevant laws and regulations on patent rights, if the patentee enters into a patent license contract with another person, it shall file with the patent administration department within 3 months from the effective date of the contract patent license.

1. What are the methods of compensation for patent infringement?

2. The total number of infringing products sold in the market can be multiplied by the product of the reasonable profit income of each infringing product. The benefits obtained by the infringer as a result of the infringement are generally calculated on the basis of the business profits of the infringer, and the infringer who is solely engaged in infringement may be calculated on the basis of sales profits;

3. It is difficult to determine the loss of the right holder or the benefit obtained by the infringer. Where there is a patent license fee, the people's court may reasonably determine the amount of compensation based on factors such as the type of patent right, the nature and circumstances of the infringement, the nature, scope, and time of the patent license, and with reference to the multiple of the patent license fee.

2. What is the invalidation of a patent right?

After the patent right has been granted and announced by the patent administration department, any unit or individual who believes that the patent right does not comply with the provisions of the Patent Law of the People's Republic of China and its implementation rules may request the Patent Reexamination Board to declare the announced patent invalid from the date of publication. Invalidation of a patent right means that the Patent Reexamination Board may file a request for invalidation of a patent right that has in fact been granted but violates the provisions of the patent law.

3. What is the concept of patent license**?

A patent license is a way in which the patent owner enters into a license agreement to grant the buyer the right to use the patent. The right to use the patent, not the ownership, is transferred. According to the Patent Law of the People's Republic of China, any entity or individual that exploits another person's patent shall enter into a license contract with the patentee and pay patent royalties to the patentee.

The Licensee shall not have the right to allow any entity or individual other than as provided in the contract to exploit this patent.

Article 14 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

In addition to the transfer of the patent right in accordance with Article 10 of the Patent Law, if the patent right is transferred due to other reasons, the party concerned shall go through the formalities for the transfer of the patent right with the patent administration department with the relevant supporting documents or legal documents.

The patent exploitation license contract concluded between the patentee and another person shall be filed with the patent administration department within 3 months from the effective date of the contract.

If the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department.

Where an application is made for the filing of a patent exploitation license contract, the following documents shall be submitted:

1. The application form for the filing of the patent exploitation license contract signed or sealed by the licensor or the patent ** institution entrusted by it;

2. Patent exploitation license contract;

3. Proof of identity of both parties;

4. If the patent ** institution is entrusted, the power of attorney indicating the entrustment authority;

5. Other materials that need to be provided.

Legal basis: Measures for the Filing of Patent Exploitation License Contracts

Article 7 The parties concerned may go through the formalities related to the filing of the patent exploitation license contract by mail, direct delivery or other means prescribed by the State Intellectual Property Office.

Article 8 Where an application for a patent exploitation license is combined or recorded, the following documents shall be submitted:

An application form for the filing of a patent exploitation license contract signed or sealed by the licensor or the patent ** institution entrusted by it;

2) Patent exploitation license contract;

3) Proof of the identity of both parties;

4) If the patent ** institution is entrusted, a power of attorney indicating the authority of the entrustment;

5) Other materials that need to be submitted as a letter and defense.

Patent licensing is not mandatory to file with the State Intellectual Property Office. Whether or not the patent exploitation license contract is filed will not affect the validity of the contract itself. In other words, the filing of a patent exploitation license contract is not a mandatory requirement of the law, and the filing model is only a way for the state to manage patent licensing.

Legal basis] Article 8 of the Measures for the Filing of Patent Exploitation License Contracts, the following documents shall be submitted when applying for the filing of a patent exploitation license contract:

1) The application form for the filing of the patent exploitation license contract signed or sealed by the licensor or the patent ** institution entrusted by the licensor;

2) Patent exploitation license Hexiang code brother;

3) Proof of the identity of both parties;

4) If the patent ** institution is entrusted, a power of attorney indicating the authority of the entrustment;

5) Other materials that need to be provided.