Patent * * * How should someone exercise the patent right?
1. If there is an agreement on the exercise of the priority patent application right or patent right, it shall be followed. This is the embodiment of the principle of autonomy of will. As a kind of private property owned by each patentee, when to apply for a patent and how to dispose of it should be decided by them, not by law. 2. The patent right * * * is exercised by someone alone (1) The patent right * * * can be exploited by someone alone, and the proceeds are owned by the implementer. (2) Patent right * * * Someone may license others to exploit the patent without the consent of other * * * people, and the royalties collected shall be distributed among * * * people. 3. In the case that * * * people need to agree to exercise the patent right, except that * * * people have an agreement and * * * people can exercise it alone, the exercise of the patent right should obtain the consent of all * * * people. If * * * someone exclusively licenses or exclusively licenses others to exploit the patent, all * * people need to agree. Article 15 of the Patent Law of the People's Republic of China Where there is an agreement on the exercise of the right to apply for a patent or the right to a patent, 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 the patent application right or patent right owned by * * * shall obtain the consent of all * * * people.