Article 11
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Article 12
Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.
Measures for the registration of patent pledge
Rule number two China National Intellectual Property Administration is responsible for the registration of patent pledge.
Rule three. Where the patent right is pledged, the pledgor and the pledgee shall conclude a written pledge contract.
The pledge contract can be a separate contract or a guarantee clause in the main contract.
According to the above provisions, enjoy the following rights:
Implement the patent yourself.
Sign a general license contract with a third party, that is, except the licensee, other licensees and patentees can exploit the patent.
Signing an exclusive license contract with a third party means that no one can exploit the patent except the licensee (including the patentee himself).
Sign an exclusive license contract with a third party, that is, except the licensee, other licensees may not exploit the patent, but the patentee may.
Evaluate the patent, and then set up a company with the investment of the patent right.
Evaluate the patent, and then use the patent pledge to obtain a loan.
Income from patent right transfer.