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.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.
That is to say,
1. If a patent application is signed in advance, it shall be handled according to the contract.
2. If the contract is not signed in advance, it can be implemented independently, without the consent of the * * * owner and without income distribution.
3. If a contract is not signed in advance, others can use it separately in the form of general license, without the consent of the owner of * * * *, but the proceeds should be distributed.
4. Those who exercise their rights in other ways without signing a contract in advance must obtain the consent of the * * * owner.
Extended data:
I. Rights
(a) licensing rights
It means that the patentee can license others to exploit his patented technology and collect royalties. Where another person is licensed to exploit a patent, the parties concerned shall conclude a written contract.
(2) Right of transfer
The patent right can be transferred. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Where a unit or individual in China transfers a patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
(3) Marking right
It means that the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
Second, obligations
The obligation of the patentee is mainly to pay the annual patent fee. Article 43 of the Patent Law stipulates that the patentee shall pay the annual fee from the year when the patent right is granted. Failure to pay the annual fee as required may lead to the termination of the patent right.
In addition, after the patent right is granted, the creator of the service invention patent shall reward the inventor or designer in accordance with the regulations; After the patent is implemented, the inventor or designer shall be paid reasonable remuneration according to the economic benefits obtained from its popularization and application.
Baidu encyclopedia-patent right