Patent License Contract Filing Methods

Original Language Title: 专利实施许可合同备案办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371832.shtml

Patent license contract filing methods

    (June 27, 2011 62nd national intellectual property office announced as of August 1, 2011) first in order to ensure the protection of patent rights, regulating patent licensing, promote the use of patents, according to the People's Republic of China patent law and the People's Republic of China contract law and relevant laws and regulations, these measures are formulated.

    Article II, State intellectual property office is responsible for the recordal of the license contract the patent work throughout the country.

    Third patent license the Licensor shall be legitimate patent rights or other rights holders.

    Total patent patent license contract concluded, in addition to all the co-owners have agreed otherwise or the People's Republic of China patent law except as otherwise provided, shall obtain the consent of the other co-owners.

    Article fourth application filed a patent licensing contract shall be concluded in writing.

    Patent license contract concluded State intellectual property Bureau you can use developing model contracts; other contracts, shall comply with the People's Republic of China contract law provisions.

    Article fifth patent licensing contract shall take effect within 3 months from the date of the filing formalities.

    Sixth no habitual residence or business office in China, foreigner, foreign enterprise or other foreign organization filing formalities shall entrust's patent agency established by law.

    Any Chinese entity or individual filing formalities, may appoint a patent agency established by law.

    Article seventh can be sent by mail, by personal delivery or by other procedures provided for in the State intellectual property office patent license contract related procedures.

    Article eighth patent license contract filing, shall submit the following documents:

    (A) licensor or its authorized patent agent signing or sealing of the patent licensing contract application form;

    (B) a patent licensing contract;

    (C) identification of the parties;

    (D) appointed a patent Agency, indicating the entrusted powers of Attorney;

    (E) other required materials.

    Nineth party submitted a patent licensing contract shall include the following:

    (A) the name or names and addresses of the parties;

    (B) the patent number and patent the name, patent number, filing date, authorized in the notice;

    (C) the type and term of the license. Article tenth in addition to proof of identity, but other documents submitted by the Parties shall be in Chinese.

    Proof of identity is in a foreign language, the parties concerned shall be attached to the Chinese translation is not attached, regarded as not submitted.

    11th the State intellectual property Office received within 7 working days from the filing date of the application for review and decide whether to record.

    12th application is approved after examination, the State intellectual property office patent licensing contract shall be issued to a client certificate.

    Application any of the following circumstances shall not be filed and sent to the parties notice of the patent licensing contracts no record:

    (A) the patent has been terminated or declared void;

    (B) the licensee is not recorded in the patent register the patent holder or have the right to grant licenses to other right holders;

    (C) patent license contract does not comply with the provisions of article Nineth;

    (D) license for more than a franchise period;

    (E) total of patentee patent licensing contracts concluded in violation of the law or the agreement;

    (F) franchise fee payment delay delivery in years;

    (VII) patent ownership disputes or a people's Court for preservative measure against the patent, patent relating to suspension of the program;

    (H) the recordal repeat applications for the same patent licensing contracts;

    (I) the patent right pledge, but except for the consent of the pledgee;

    (10) patent license contract and have the record conflicts;

    (11) other circumstances that should not be filed.

    After 13th patent licensing contract, State intellectual property Office finds application listed in the second paragraph of this article 12th case and has not yet been eliminated, a patent licensing contract shall be dismissed and sent to the parties notice of the revocation of a patent licensing contract.

    14th patent licensing contract for the record of the relevant content by the State intellectual property office registered in the patent register, and notice in the Patent Gazette the following: licensors, licensees, the primary classification number, patent number, filing date, authorized notice date, the type and term of the license, the date of filing.

    After filing patent license contract changes, cancellation and revocation of, the State intellectual property office shall be registered and announced. 15th State intellectual property office established patent licensing contract for the record to the database.

    The public can query the legal status of a patent license contract.

    Extension of licensing of the 16th party shall, within 2 months before the expiration of the original license, alter the deal, filing certificates and other relevant documents to the State intellectual property office filing procedures.

    Changes to patent licensing contracts for other content, reference to the provisions of the preceding paragraph.

    Article 17th license expiration or early termination of the patent license contract, the Parties shall conclude a disarmament agreement or the expiration of the term in the 30th after filing proof of disarmament agreements and other relevant documents to the State intellectual property Office of registration cancellation procedures.

    Clause 18th filed a patent licensing contract's patent has been declared invalid or terminated prior to the expiration of the period, the Parties shall promptly record the cancellation procedures.

    Article 19th after filing patent license contract types, terms, royalty calculation method or amount, as the administrative authority for patent Affairs to mediate in the amount of compensation for tort references.

    20th party in patent licensing contract to the application filed, in accordance with the measures implemented.

    When applying for the record, the patent application has been rejected, withdrawn or deemed to be withdrawn, not the record.

    21st party licensing contract application filing of patent applications, patent applications were approved after the patent right may be granted, the parties concerned shall promptly of any patent license contract names and related provisions corresponding change; patent application has been rejected, withdrawn or deemed to be withdrawn, the Party shall promptly record the cancellation procedures. 22nd article this way as of August 1, 2011. 18th December 17, 2001 the State intellectual property office patent license contract issued regulations repealed simultaneously.