Patent pledge registration
(Released on August 26, 2010, the State intellectual property office, the 56th as of October 1, 2010) first in order to promote the use of patent rights and financing, guarantee the realization of creditor's rights, regulating patent pledge registration, in accordance with the People's Republic of China real right law and the People's Republic of China guarantee law, the People's Republic of China patent law and related provisions, these measures are formulated.
Article II, State intellectual property office is responsible for the patent pledge registration.
Third patent pledge, the pledgor and the pledgee shall conclude a pledge contract in writing.
Pledge contracts contracts can be separate, or a guarantee clause in the main contract.
The fourth section to the patent pledge of shared, except as otherwise agreed by the co-owners of the whole, shall obtain the consent of the other co-owners.
No habitual residence or business office in China the fifth article of a foreigner, foreign enterprise or other foreign organization for patent pledge registration procedures shall entrust's patent agency established by law.
Any Chinese entity or individual registration procedures for patent pledge, may appoint a patent agency established by law.
Sixth parties may by mail, by personal delivery, such as for patent pledge registration procedures.
Article seventh patent pledge registration, the Parties shall submit to the State intellectual property office the following documents:
(A) the pledgor and the pledgee jointly signed or sealed by the patent pledge registration application form;
(B) the patent right pledge contracts;
(C) identification of the parties;
(D) the Agency, indicating the entrusted powers of Attorney;
(E) other required materials.
Patent asset assessment, asset evaluation report shall be submitted by the parties. 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.
For the file specified in the first paragraph and the second paragraph of this article, the parties may submit an electronic scan.
Eighth national intellectual property pledge registration application documents submitted by the parties before the Board, it shall notify the applicant.
The Nineth party submitted the patent right pledge contracts shall include the following content associated with the registration of pledge:
(A) the name or names and addresses of the parties;
(B) the type and amount of secured claims;
(C) the term of the obligor;
(D) the patent number and patent the name, patent number, filing date, authorized in the notice;
(G) the obligor is older than a franchise period;
(H) the pledge contract debt maturity when the pledgee has not been repaid, patents owned by the pledgee of;
(IX) a pledge contract does not comply with the provisions of article Nineth;
(J) the total pledge of patents but has not obtained the consent of all the co-owners;
(11) the patent has been applied for during the registration of a pledge and pledge;
(12) other circumstances that should not be registered.
During the 13th patent pledge, State intellectual property office the existence pledge registration listed in the second paragraph of this article 12th case and has not yet been eliminated, or other circumstances that warrant the revocation of the patent right pledge registration, patent registration of pledge shall be dismissed and sent to the parties the patent pledge notice of cancellation of the registration.
Patent pledge registration is revoked, the effectiveness of the registration of a pledge is invalid from the very beginning.
14th State intellectual property office, registration of notice in the Patent Gazette patent pledge the following: the pledgor and the pledgee, the main category number, patent number, authorized notice date, the registration of a pledge.
Patent pledge change, cancellation of registration, the State intellectual property office shall be registered and announced.
During the 15th patent pledge, the pledgor does not furnish the pledgee agrees to abandon the patent supporting materials, the State intellectual property office is not the franchise abandon formalities.
During its 16th patent pledge, the pledgor is not submitted to the pledgee agrees transfer or permit the implementation of the grant of evidentiary material, State intellectual property office, not for the transfer of patent rights registration or contract patent formalities.
The pledgor the pledge of a transfer or license others to commit patent, Pledger of the transfer fee, license fee shall be used to the right pays the debts or deposited.
During the 17th patent pledge, the name or names and addresses of the parties, is guaranteed the principal debt type and amount or change the scope of collateral, the Parties shall from the date of change in the 30th modification agreement, the original patent pledge registration notice and other relevant documents, the State intellectual property office patent pledge registration procedures.
18th under any of the following circumstances, the Parties shall hold the patent pledge registration notices and related documents, to the State intellectual property Office for the pledge registration procedures:
(A) the debtor's regular performance or where the pledge to pay off the mortgage debt;
(B) pledge has been achieved;
(C) the right of pledgee to abandon the pledge;
(D) the principal contract pledge contract, revocation, cancellation;
(E) pledge to eliminate other conditions prescribed by law. The State intellectual property office after receiving the application for cancellation of registration, audited, the patents issued to the parties notice of cancellation of the registration of a pledge.
Patent validity from the date of cancellation of the registration of pledge termination.
19th franchise during the pledge period has been declared invalid or terminated, the State intellectual property office shall notify the pledgee.
20th the patentee failed to pay annual patent fees had pledged, the State intellectual property office shall at the time of payment notices issued to the patentee informed the pledgee.
21st article this approach by the State intellectual property office is responsible for the interpretation. 22nd article of the rules take effect on October 1, 2010. On September 19, 1996, People's Republic of China issued by the Patent Office, the eighth of the interim measures for the administration of registration of patent right pledge contracts abrogated.