1. Where the patentee withdraws the declaration of open license, it shall make a written statement and be announced by the patent administration department of the State Council;
2. If the announcement of withdrawing the open license does not affect the effectiveness of the previously granted open license;
3. The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent.
Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
The unit that has been granted the patent right shall reward the inventor or designer of the service invention-creation; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained. The state encourages units that have been granted patent rights to implement property rights incentives by means of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably.
legal ground
patent law of the people's republic of china
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. Article 51 Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard. During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly. The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent. Article 52 Disputes arising from the implementation of the open license shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, they may request the administrative department for patent in the State Council for mediation, or bring a suit in a people's court.