Research On The Right Of Action Of A Patent Licensee

In China's current legal system,according to the scope and extent of the patent licensing contract,the patent licensee has three types: exclusive,exclusive and ordinary licensees.At present,China's laws and related judicial interpretations have given different rights of appeal to three different types of licensees.However,due to the unclear nature of patent licenses,the academic community has disputes about the justification of patent licensees.It directly led to the inadequacy of the relevant provisions of the Chinese law on the licensee's right to appeal,and also caused many difficulties in the practice of the patent licensee's right to appeal.This paper introduces the questioning and thinking about the patent licensee's right to appeal through the basic concepts and theories related to the patent licensee's right to appeal.It points out the lack of legislation,the reasons for the lack of legislation and the resulting legislation for the relevant legislative provisions on the patent licensee's right to appeal.In practice,the predicament of patent licensee's right to appeal is characterized by argumentation analysis,which defines the license to use the patent as a creditor's right.On this basis,the litigation theory is used to provide a theoretical basis for the licensee's right to appeal.Then the author gets some inspirations from the nature of the patented use rights of patents and the patent licensee's right to appeal,and puts forward some suggestions on how to improve the system of patent licensees in China,in order to better protect patents.The rights and interests of licensors promote the sound development of China's intellectual property system.