patent royalty

The law has made it very clear: "If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license. If others are licensed to exploit the patent, the royalties collected shall be distributed among * * * people. "

This is a new clause in the revision of the patent law.

Its legislative purpose is to promote the popularization and implementation of inventions. If it is stipulated that one of the patentees must obtain the consent of other patentees to implement the patent, it will hinder the implementation and promotion of the patent.

Moreover, it only stipulates that the implementation license fee is distributed among * * * people (there is no provision for average distribution);

And * * * a person alone to implement the patent gains, is the result of * * * someone to implement labor, not to * * * a person there is nothing unfair, so the law does not stipulate that * * * a person alone to implement the patent to pay fees and distribute benefits to other patentees.

Of course, first of all, we must abide by the principle of agreed priority. The above are just legal provisions without agreement.

"Except for the circumstances specified in the preceding paragraph, the exercise of all patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *." This article refers to the disposal and exercise of patent rights by other means, such as transfer, waiver, exclusive license, infringement litigation, etc., and must obtain the consent of all * * * people.