Is the patent licensing contract concluded after the expiration of the patent right valid?

Legal analysis: after the expiration of the patent right, the relevant patent licensing contract cannot be concluded, otherwise the contract concluded will be invalid. A patent licensing contract is only valid within the term of the patent right. Where the term of validity of the patent right expires or the patent right is declared invalid, the patentee may not conclude a patent licensing contract with others for the patent.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 48 The patent administration department of the State Council and the patent administration department of the local people's government shall, jointly with relevant departments at the same level, take measures to strengthen patent services and promote the implementation and utilization of patents.

Article 49 Where an invention patent of a state-owned enterprise or institution is of great significance to the national interest or public interest, with the approval of the State Council, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations.

Article 50 Where 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 payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement the public license. Where a patent for utility model or design applies for a public license statement, a patent evaluation report shall be provided.

Where the patentee withdraws the declaration of opening license, it shall make a written statement and make an announcement by the patent administration department of the State Council. The withdrawal of the statement of open license through public announcement shall not affect the effectiveness of the previously granted open license.