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建立专利权人的专利实施义务能有效避免专利权的滥用,在个人,集体,社会利益之间达到平衡,从而体现专利制度效益优先,兼顾公平的价值目标。专利权人实施专利权分为自我实施和许可他人实施两种主要方式,专利权人的专利实施义务主要是指在许可他人实施时的义务。从合同法角度看,专利权人和专利技术被许可人通过要约与承诺的步骤,在相互支付了对价的基础上,以专利技术为标的,建立了一种合同关系。权利和义务是对应的,被许可方权利的实现就意味着专利权人义务的履行,所以本文重点论述了专利权人的专利实施义务。
The establishment of the patentee ’s obligation to enforce the patent can effectively avoid the abuse of patent rights and strike a balance between individual, collective and social interests so as to give priority to the efficiency of the patent system and give consideration to the fair value goal. The patentee’s implementation of patent rights is divided into self-enforcement and permission of others to implement two main ways, the patentee’s patent implementation obligations mainly refers to the obligation to permit others to implement. From the perspective of contract law, the patentee and the licensee of the patented technology establish a contractual relationship based on the patented technology through the steps of the offer and the promise, on the basis of mutual consideration paid. The rights and obligations correspond to each other. The realization of the rights of the licensee implies the fulfillment of the obligations of the patentee. Therefore, this article focuses on the patentee’s obligation to enforce the patent.