1. The licensee who exclusively implements the license contract is the interested party of the requested patent. "Several Provisions of the Supreme People's Court on the Applicable Law for Stopping Patent Infringement before Litigation" clarifies the scope of applicants for pre-litigation injunction in patent infringement litigation, that is, "interested parties who apply, including licensees of patent licensing contracts and legal successors of patent property rights.
2. Among the licensees of the patent licensing contract, the licensee who exclusively implements the licensing contract may apply to the people's court separately; If the patentee does not apply, the licensee who exclusively implements the licensing contract may apply. "Based on the standpoint of institutional interpretation, the scope of patent stakeholders should be applied as a whole in the patent legal norms.
3. In fact, the licensee who monopolizes the licensing contract exclusively uses the patent involved, excluding the use of the patentee itself. Therefore, the interest relationship between the patent exclusive licensor and the patent involved is obvious.
4. According to Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law, if a citizen, legal person or other organization that has a legitimate interest in a specific administrative act refuses to accept the act, it may bring an administrative lawsuit according to law. The exclusive licensor of a patent has a legal interest in the decision to declare the patent invalid, and may bring an administrative lawsuit against the decision.
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