Patentee obligations

Patentee is the collective name for the owner and holder of the patent right. That is, the patent applicant who is granted patent rights when a patent application is approved. The Patentee can be either an organization or an individual. What are the obligations that the patentee needs to fulfill? The editor of Legal Savior Network has compiled relevant knowledge for you, hoping it will be helpful to you.

Patent owner's obligations

1. Obligations to implement invention-creation patents

One ​​of the purposes of the state granting patent rights for inventions and creations is to facilitate the promotion and application of inventions and creations and promote the development of science and technology. The Patent Law protects the patent right’s exclusive right to implement the patented invention and creation according to law. However, if the patentee, after obtaining the patent right, shelves the invention and creation without putting it into practice, and any third party cannot freely If such inventions and creations are put into practice, the patentee may monopolize his inventions and creations, making it impossible to achieve the purpose of the state granting patent rights. This is extremely detrimental to the smooth progress of socialist modernization and the development of science and technology. Adverse. Therefore, manufacturing patented products and using patented methods is the only way to achieve the promotion and application of patented technology, so the patentee should strive to fulfill this obligation.

my country's patent law stipulates that the patentee has the obligation to manufacture its patented products in China and use its patented methods. In order to fulfill this obligation, the patentee must implement it in China for the purpose of production and operation. The patentee can implement it himself, or the patentee can license others to implement it in China. The methods of implementation usually include: manufacturing patented products; using patented products; selling patented products; using patented methods; and licensing others to implement patented inventions and creations.

2. Obligation to pay annual patent fees

After the patentee obtains the patent right for his invention, Annual fees should be paid, which is a common practice in patent systems around the world. This practice is said to have existed since the Middle Ages in Europe when British kings granted patent concessions.

The patentee shall pay annual fees starting from the year when the patent right is granted. However, the methods for paying patent annual fees are inconsistent across countries. Some stipulate that payment shall be made from the date of application, some stipulate that payment shall be made from the date of publication or the date of grant of patent right, and some stipulate that payment shall begin several years from the date of application or the date of grant of patent right.

my country’s patent law ranks fourthArticle 13 stipulates that the patentee shall pay annual fees starting from the year when the patent right is granted. When the patentee fails to pay the annual fee on time due to reasons beyond its control or unavoidable reasons, it can make a back payment within this period. Late payment fees should also be paid when making additional payments, which is an economic supervision for the patentee.

Payment of annual fees is an obligation of the patent right. If the patentee fails to fulfill this obligation, its patent right will be terminated. After the patentee signs a patent license contract with others, he is obliged to ensure that the licensee enjoys all the rights stipulated in the patent license contract without legal obstacles. Therefore, the patentee still has to pay annual fees on time to ensure the patent rights. No premature expiration. When the patentee fails to pay the annual fee on time, which may lead to the invalidation of the patent right, the patentee shall negotiate with the licensee. In order to safeguard its own interests, the licensee may request the transfer of the patent right or pay the annual fee on behalf of the patentee.

3. Obligation to ensure full disclosure of patent content

The patentee shall describe the invention, The content of utility models and designs must be stated in detail, clearly and accurately as required by the patent law so that technicians in the same industry can understand and implement it. This is also an obligation that the patentee should fulfill. my country's Patent Law stipulates that for patents that do not fully disclose the content of inventions and creations, other parties have the right to request the Patent Reexamination Board to declare the patent invalid.