1. Multiple-choice questions
1. After Company A obtained an invention patent for a smartphone display, it licensed the technology to Company B as an exclusive license in mainland China. Company implementation. After Company B paid the patent royalties and was selling mobile phones containing the patented technology, it discovered that Company C was advertising mobile phones with the same patented technology on local TV stations, and immediately notified Company A to sue Company C. After the court accepted the infringement dispute, Company C requested to declare the patent invalid during the defense period. Which of the following statements are incorrect? (2015/Wednesday/63)
A. The right to use the patent obtained by Company B is a creditor's right, and it cannot directly sue Company C without notifying Company A
B. Before the patent was declared invalid, Company C infringed the sales right in the patent implementation right
C. If the patent is invalid, the patent implementation license contract is invalid and Company A should return the patent royalties
p>D. The court should suspend the trial of patent infringement cases
Reference answers
1. Examination points: Declaration of invalidity of a patent; rights of the patentee (right to license the implementation); Patent Infringement
Answer ABCD. Analysis: In an exclusive license implementation contract, the licensee has an independent litigation position and can directly sue the infringer without the consent of the patentee. Item A is wrong and selected.
According to Article 11 of the Patent Law, the patentee has the right to promise to sell and can prohibit others from displaying patented products in windows or advertising patented products. In this question, Company C's behavior is only an advertising behavior and does not constitute a sales behavior. Therefore, its behavior infringes the right to promise to sell rather than the right to sell. Option B is wrong and elected.
According to the second paragraph of Article 47 of the Patent Law, after a patent is declared invalid, there will be no retroactive effect on the patent license contract that has been performed. Item C is wrong and selected.
According to Article 11 of the "Provisions on Patent Disputes", when trying an invention patent infringement dispute, if the defendant requests to declare the patent invalid during the defense period, the court may not suspend the litigation. Item D is wrong and selected.
Therefore, ABCD is chosen for this question.