Patent Act Article 62May 1, 2019

Recordation to have locus standi against a third party: transference of patent right

The assigning, entrusting, licensing, or establishing of a pledge on a patent right by the patentee shall have no locus standi against any third party unless it is recorded with the Specific Patent Agency.

The license as stated in the preceding paragraph may be an exclusive license or a non-exclusive license.

An exclusive licensee shall, within the scope of the license granted, exclude the patentee and third parties from exploiting the patented invention.

Where a patentee establishes multiple pledges on the same patent for the purpose of securing multiple creditors’ rights, the ranks of these pledges shall be determined according to the order of their recordation.

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