How to handle the exclusive license of patent right?

How to deal with the patent exclusive license agreement: the licensing parties reach a consensus on patent exclusive license and other related matters, and then conclude a written license contract. Finally, the two parties went to the patent department for registration. And in the agreement, the exclusive license should be that the licensor cannot use the patent himself.

legal ground

Article 12 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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 exploits the invention to pay an appropriate fee.

Article 14

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 * * *.