Relevant laws and regulations
Measures for filing patent licensing contracts
Fourteen? The relevant contents of the patent licensing contract shall be registered in the patent register by China National Intellectual Property Administration, and the following contents shall be announced in the patent gazette: licensor, licensee, main classification number, patent number, application date, authorization announcement date, license type and duration, and application date.
If the patent licensing contract is changed, dissolved or revoked after filing, China National Intellectual Property Administration shall make corresponding registration and announcement.
Article 15 China National Intellectual Property Administration has established a database for filing patent licensing contracts. The public can inquire about the legal status of filing patent licensing contracts.
Extended data
I. Elements of Patent Infringement The elements of patent infringement include the following:
1, the patent is valid
2. Without permission
3. For the purpose of production and operation.
4, the implementation of the manufacturing, use, promise to sell, sell and import behavior.
5. It belongs to the scope of patent protection
Two, does not constitute a patent infringement are:
1, exhaustionism
2. The right of first use means that the technology has been implemented or is about to be implemented before the application date and is implemented within the original scope, and the technology is legally obtained by the parties (including self-development and bona fide acquisition).
3. Used for temporary transit vehicles.
4, the use of non production and business purposes (teaching and scientific research)
Three. Ways to solve infringement disputes There are the following ways to solve infringement disputes:
1. The advantage of negotiation is that it avoids litigation, does not harm harmony, and can change from a competitor to a partner.
2. The advantage of requesting the administrative organ to handle it is that the procedure is simple and fast, and the infringement can be stopped in time.
3. Prosecuting in a people's court has the advantages of many means and strong effectiveness, but the procedure is complicated.