Clarify the legal responsibility for the termination or invalidation of patent right.
According to Chinese laws, the validity period of invention patent right is 20 years from the date of application, and the validity period of utility model and appearance patent is 10 year from the date of application. Therefore, it is also very important to pay attention to the validity period and clearly stipulate the relevant legal responsibilities.
Fourth, review the effectiveness of the patent licensing contract. What should be noted here is: whether it is granted a patent right; Whether the transferor is a legitimate patentee; Whether there is a * * * owner and whether it has obtained the consent of the * * * owner; Payment of patent right.
Pay attention to some specific obligations of the transferor.
For example, provide relevant information and necessary technical guidance for the implementation of patented technology; Undertake the obligation to ensure the integrity of the patent right; Promise to truthfully explain the implementation of the patent to the transferee before the conclusion of the contract.
Pay special attention to the agreement of "acceptance criteria and methods"
During the performance of the patent licensing contract, the parties often have disputes about whether the technical achievements of the subject matter of the contract are mature, advanced, reliable and applicable. When we try this kind of dispute cases, we often encounter the appraisal problem of this technical achievement, and the appraisal conclusion has a great relationship with the handling result of the case. Therefore, the acceptance criteria and methods are stipulated in the contract. In the event of a dispute between the parties, the people's court will organize an appraisal of the technical achievements, which is essentially an acceptance of whether the contract technology conforms to the contract. Failure to meet the agreed acceptance criteria shall be regarded as breach of contract, and the breaching party shall bear the liability for breach of contract.
Pay attention to the filing of patent licensing contracts,
According to the second paragraph of Article 15 of the Detailed Rules for the Implementation of the Patent Law, the patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect. Because the assignee of a patent contract that has been filed in accordance with the regulations enjoys the following rights: First, he can apply to the people's court to stop the infringement before bringing a lawsuit against the patent infringement; Second, you can file an infringement lawsuit; Third, you can request local patent administrative departments at all levels to handle patent infringement disputes.
Note that the "non-controversial clause" is invalid.
"Non-controversial clause", also known as "non-anti-control clause", refers to the agreement in the patent licensing contract that the licensee shall not question the legality of the patent right involved in the licensing contract, that is, the licensee shall not directly or indirectly request the Patent Reexamination Board to declare the patent right involved in the contract invalid within the validity period of the contract.