Is the patent licensing contract still valid in law?

Is the patent license contract still valid? In practice, when the parties have a dispute over the patent licensing contract, many people claim that the patent licensing contract signed by both parties is invalid on the grounds that it has not been filed with the patent administrative department of the State Council, and the patent administrative department and judicial organs also consider it invalid when handling it. However, the author thinks this treatment is incorrect. According to China's current laws, if a patent licensing contract is not filed, its effectiveness will not be affected. The basis for claiming that the patent licensing contract is invalid because it has not been filed with the patent administrative department of the State Council is the provisions of Article 44 of the People's Republic of China (PRC) Contract Law (hereinafter referred to as the Contract Law) and the provisions of the second paragraph of Article 15 of the Detailed Rules for the Implementation of the People's Republic of China (PRC) Patent Law (hereinafter referred to as the Detailed Rules). The contents of these two articles are: "A contract established according to law shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall take effect, such provisions shall prevail "; "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 of entry into force of the contract". In the opinion of those who advocate that the patent licensing contract is invalid without filing, the patent licensing contract should be approved by the patent administrative department of the State Council before it can take effect. Actually, this is a misunderstanding. They regard this guiding clause as a mandatory clause that affects the effectiveness of the contract. In fact, the act of signing a patent licensing contract between civil subjects in China is a civil legal act as long as it does not violate the mandatory provisions of existing laws and administrative regulations in China and does not involve national security and social interests. And from the provisions of Articles 324, 342, 344 and 346 of China's contract law, filing with the administrative organ is not an effective requirement of the patent licensing contract. Article 12 of the Patent Law stipulates that any unit or individual who exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the patent royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. Accordingly, the patent law only requires that the patent licensing contract must be concluded in written form, and does not require filing. For the implementation of the patent, you need to follow the relevant regulations of the state, but the most important thing is whether your patent conforms to the relevant regulations of the state. If you can't deal with it actively and effectively, it will have a negative effect on your rights and interests. So you should fully understand the solution to the problem to reduce your losses.