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共有专利许可使用费的分配涉及共有专利权人间的权益分享、促进专利实施的问题,是共有专利制度的重要内容。2008年专利法规定专利共有人普通许可他人实施收取的使用费,没有约定的情况下,在共有人之间分配;郭禾教授提出应当由发放许可的共有人独享使用费。为了鼓励共同发明创造并促进发明创造的实施与推动技术进步,共有人普通许可他人实施收取的使用费在没有约定的情况下,既不能简单地在共有人之间分配,也不可只是发放许可的共有人独享,应当是在给予其他共有人适当补偿后由许可人享有。
The distribution of the total royalties involves the sharing of rights and interests between the common patentees and the promotion of the implementation of the patent. It is an important part of the common patent system. In 2008, the patent law stipulated that the royalties that the common owners of the patent generally permitted to be collected by others for implementation were distributed among the co-owners without agreement. Professor Guo He proposed that the exclusive use fee should be paid by the co-owners who issued the licenses. In order to encourage joint inventions and to promote the implementation of inventions and inventions and to promote technological progress, the royalties that common owners would normally permit others to impose shall not simply be distributed among co-owners nor may they be granted only The exclusive owner shall be entitled by the licensor after giving the other co-owners proper compensation.