What should any organization or individual do if they exploit someone else’s patent?

Any unit or individual that exploits someone else's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent. Regarding the question of what any unit or individual should do to implement someone else’s patent, the editor of Legal Savior Network will answer it in detail for you below.

1. What should any unit or individual do to implement the patent of others

1 . Any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 12 Any unit or individual that exploits someone else's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

2. What are the methods of patent implementation licensing?

Patent implementation license includes the following methods:

Exclusive implementation license means that the assignor has agreed to Within the scope of the patent license, the patent is only allowed to be implemented by one assignee, and the assignor shall not implement the patent according to the agreement;

Exclusive implementation license refers to The assignor will only license the patent to one assignee within the scope of the agreement to license the patent, but the assignor can implement the patent on its own in accordance with the agreement;

General implementation license means that the assignor allows others to implement the patent within the scope of the agreed license to implement the patent, and can implement the patent on its own.

If the parties have no agreement on the patent implementation licensing method or the agreement is unclear, it shall be deemed as an ordinary implementation license. If the patent license contract stipulates that the transferee can sublicense others to exploit the patent, the sublicense shall be deemed to be an ordinary license, but if the party concernedUnless otherwise agreed upon.

According to the provisions of the Patent Law, any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay the patentee a patent fee. usage fee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.