Why do you need to file a patent license contract?

Why do you need to file a patent license contract? Patent is an intangible asset with economic value, which can sometimes bring great benefits to the owner. Therefore, many laws and other normative documents have been issued to protect patent rights, so patentees should also learn to protect their legal rights, that is, the right to use and own patents, so why do they need to file patent licensing contracts? Why do you need to file a patent license contract? After the parties sign a patent licensing contract, the contract will take effect according to the agreement of the parties. However, in actual economic activities, the registered patent licensing contract can have the following functions: a. Publicize patent implementation information: that is, through the publicity function of licensing filing, convey to the public the information that the patent has been licensed to others other than the patentee, which is convenient for the public and relevant units to analyze, study and track the patent value, and is conducive to the popularization and application of the patented technology. B. Evidence effect of pre-litigation injunction: When a patent exclusive license or a licensee of a patent exclusive license discovers that another person infringes a patent right, it can request the people's court to take a pre-litigation injunction against the infringer based on Article 4, paragraph 2 of the Supreme Law's Provisions on Applicable Laws for Stopping Patent Infringement before Litigation in 2004, with the filing certificate of the patent license contract as evidence. C reference standard for infringement compensation: if it is difficult for the people's court to determine the loss of the infringed or the income of the infringer when clearly determining the civil dispute of patent infringement, if there is the fact that the patent license is prior, the court can determine the compensation amount by referring to the patent license fee. In general, the compensation amount is determined by 1-3 times the license fee. D. Certificate of payment of foreign exchange by the licensee: According to the Notice of the State Administration of Foreign Exchange on Strengthening the Administration of Foreign Exchange Sale and Payment of Imported Intangible Assets, the licensee shall provide the filing certificate of the Patent Implementation License Contract when paying the license fee to foreign licensors. E. Participating in the evaluation of high-tech enterprises: According to the Administrative Measures for the Identification of High-tech Enterprises, having a patent exclusive license for more than five years is regarded as having independent intellectual property rights, and the parties concerned can take the filing certificate of patent license contract as the proof of independent intellectual property rights as one of the conditions for participating in the evaluation of high-tech enterprises. F. Confronting a bona fide third party: According to Article 19 of the Interpretation of the Supreme Law on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, if the trademark license contract is not filed in the Trademark Office, it shall not confront a bona fide third party. The effect of filing a patent licensing contract can also be understood by referring to the provisions in the judicial interpretation that the filed patent licensing contract can be opposed to a bona fide third party. The filing of patent license contract means that the patentee permits the civil subject to use the patent, the two parties sign a patent license contract, and then the contract is filed in China National Intellectual Property Administration Patent Office or its agency, which is equivalent to protecting the by going up one flight of stairs of the contract and publicizing it to the outside world, thus countering the bona fide third party. Why do you need to file a patent license contract? We are here to answer this question for you. If you want to file a patent license contract, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.