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What is the effect of filing a patent licensing contract?
Release Time：
2022-09-02
A: The second paragraph of Article 14 of the Rules for the Implementation of the Patent Law provides that: "Any patent licensing concluded between the patentee and another person shall, within three months from the effective date of the contract, be filed with the patent administration department under The State Council."
First of all, the patent licensing contract is essentially a civil contract, as long as it meets the legal requirements and is not invalid, it is legal and effective. The relevant laws and regulations do not stipulate that the non-filing will affect the validity of the contract, and there is no provision that the contract filing is the validity norm, therefore, whether the filing does not affect the validity of the patent licensing contract.
Secondly, filing is only the state's management of patent licensing behavior, if the patent licensing contract is not filed, it will have a certain impact on the rights of the licensed person. (Intellectual Education Class)
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