After the patent is authorized, it must be put into use to realize the value of the patent. The patentee may use it himself or license it to others. A written contract shall be concluded for licensing, stipulating the mode, time, geographical scope, patent licensing fee, etc.
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 * * *.
Regarding the patent license fee, both parties can agree on the payment method of the patent license fee by themselves, or pay it in batches or at one time, or extract a certain proportion from the patented products according to the situation. Economic conditions permit, in order to obtain a lower patent royalty, it can be paid in one lump sum, while some industries, such as integrated circuits, usually charge a certain proportion from patented products.
Term of patent right:
(1) The period of validity of the patent right shall be counted from the date of application. The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.
(2) Although the invention patent right, utility model patent right and design patent right all take effect from the date of authorization announcement, the term of rights should be calculated forward from the date of application 10 year or 20 years.
legal ground
Article 12 of the Patent Law Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee a royalty. 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.
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 * * *.