Generally speaking, does a patent exploitation license contract need to be recorded? What are the po

Generally speaking, does a patent exploitation license contract need to be recorded? What are the possible impacts of not filing an ICP filing?

With the rapid development of China's economy, we will encounter more problems in our daily life, in the past, because our way of life and economic mode are very simple, for the occurrence of problems in our daily life and the solution of problems are very fast, are very effective, but with the rapid development of China's economy, we encounter more and more difficulties in daily life, and the problems that need to be solved are more and more, <

Let's talk about this issue, generally speaking, does a patent exploitation license contract need to be recorded? What are the possible consequences if I don't file a record? The word patent is very common in our daily life, and it is also an essential part of our daily life, our own patents can be allowed to be used by others, but we need to pay a certain fee, because others use their own patents, can bring themselves a certain economic benefit equivalent to an intangible asset, they have obtained a patented technology through their own hard work, if others have not been allowed to use without permission, then that person is illegal, <

We can go to the relevant courts to appeal in accordance with the relevant laws and regulations, so the patent exploitation license contract does not need to be recorded, because China's patented technology is protected by China's laws, and the patent license is only a license, by the right to use, and the ownership is still in their own hands, <>

Therefore, the patent exploitation license contract needs to change the patent ownership of the licensor and does not need to be recorded, so as to protect their legitimate rights and interests. Generally speaking, a patent exploitation license contract needs to be recorded.

It is necessary to go to the record, and if you do not file the record, you will incur a certain fee, and others may also use it, resulting in economic losses.

Yes, if you do not file for the record, there is no way to use it normally, and it may also lead to the infringement of the patent by others, which will also affect the daily development of work and property rights.

Of course, it needs to be recorded. If you don't file for the record, it may affect the value of the company, it will affect the interests of the company, it will also lead to the infringement of your own patents, and it may also cause your own patents to be affected, which are the effects of not filing a record.

The patent exploitation license contract needs to be recorded, and if it is not recorded, it may bring unnecessary trouble to yourself, and it will also cause some deviations in your filing method. This will lead to a slowdown in the process of licensing contracts for patents, as well as a slowdown in the process of patent enforcement.

Of course, the patent exploitation license contract needs to be recorded, and if it is not recorded, the patent is very easy to be stolen by others, and the patent will face a lot of troublesome problems in the future. Because there is no filing, you can't sue the other party. It can cost you a lot of money.

Legal analysis: 1. Filing is an act of external publicity, which can effectively protect the interests of the licensee.

Legal basis: Patent Law of the People's Republic of China Article 35 Within three years from the filing date of an application for an invention patent, the patent administration department may, according to the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

The filing of patent exploitation license contract is an administrative means for the State Intellectual Property Office to manage patent exploitation licenses in order to effectively protect patent rights, standardize transaction behaviors, and promote the implementation of patent implementation models. It is not a mandatory provision of the law to implement the license contract for the record, but it can protect the interests of the licensee after the filing; In the event of a patent infringement dispute, the filed patent exploitation license contract can be used as an important basis for the licensee to request that the patent infringement be stopped before litigation. In addition, the filing certificate of the patent exploitation license contract can be used as a supporting document for the customs to record intellectual property rights and other related procedures.

1. How to determine the cost of patent exploitation license.

The Patent Law does not stipulate the collection of patent license fees, which are determined by the patent licensor and the licensee through friendly negotiation, and the fees charged are usually determined by factors such as the value of the patent itself, the difficulty of patent implementation, and the level of income.

2. What are the conditions for compulsory license for patent exploitation?

An entity that has the conditions for exploitation requests the patentee of the invention or utility model for permission to exploit its patent on reasonable terms, but fails to obtain such permission within a reasonable period of time.

Qualified units here; Such as capital, technology, equipment, plant, technical personnel, etc. Only those units that meet these conditions are eligible to apply for the exploitation of other people's patents.

The patentee of the invention or utility model must be requested to license the patent on reasonable terms. Requesting permission to exploit its patents is in fact an exchange relationship, and the principles of fairness, equivalent compensation and economic laws should be observed, and whether it is a reasonable condition should be judged by a third party from the position of fairness, reasonableness, and ease.

Finally, the requesting authority failed to obtain permission from the patentee within a reasonably long period of time.

Legal analysis: No, according to the detailed rules for the implementation of China's patent law, the patent license contract is not mandatory to be recorded, but if the parties record the contract, they can damage their own interests.

Legal basis: Article 14 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Article 14 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 close their limbs and go through the pledge registration with the patent administration department.