Filing Method For Patent Licensing Contracts (Draft)

　 state Legislative Affairs Office Patent Implementation on intellectual property rights Bureau on its website today License contract Comments on the filing method (Draft). Relevant units and individuals may make amendments before November 26, 2010.

Filing method for patent licensing contracts (Draft)

Article 1. In order to effectively protect the patent rights, Normative patents The implementation of licensing activities and the promotion of the use of patent rights are formulated in accordance with the People's Republic of China contract law, the People's Republic of China patent law and relevant laws and regulations.

The second State Intellectual Property Office is responsible for the archival filing of the national patent licensing contract.

The Licensor of the third patent licensing shall be a lawful patenor or other obligee. Where a common patent is entered into a patent licensing contract, it shall obtain the consent of other co owners, unless otherwise agreed by all the members or otherwise stipulated by the patent law.

Fourth patent licensing contracts for application for filing shall be concluded in written form. A contract for the licensing of patent applications may be made by a contract form uniformly formulated by the State Intellectual Property Office, and other contracts shall be subject to the relevant legal provisions.

The fifth party shall go through the formalities of filing within 3 months from the date of the entry into force of the patent licensing contract.

Article sixth where aliens, foreign enterprises or other foreign organizations in China do not have regular residence or business offices for filing procedures, they shall entrust a patent agency established according to law. If a Chinese unit or individual goes through filing procedures, it may entrust a patent agency established according to law.

The seventh party filing the application for a patent license contract shall submit the following documents: (1) the application form of the patent licensing contract for the joint signing or stamping of the Licensor and the licensee; (two) the patent licensing contract; (three) the identity of the parties concerned; (four) the entrustment letter authorized by the patent agency, and (five) other necessary documents.

The eighth parties may handle the relevant procedures of the patent licensing contract through mail and direct delivery.

The ninth State Intellectual Property Office shall notify the applicant after receiving the application documents filed by the parties for the patent licensing contract.

The tenth Party's patent licensing contract shall include the following contents: (1) the name or address of the party; (two) the number of patents and the name of each patent, the patent number, the date of application, and the date of authorization. (three) the type and time limit for the implementation of the license.

Article eleventh except for identification, all other documents submitted by the parties shall be in Chinese. The identity certificate is in foreign languages, and the party shall attach the Chinese translation; if it is not attached, it shall be deemed to have not been submitted.

The twelfth State Intellectual Property Office shall conduct a review within 7 working days from the date of receipt of the filing application document and decide whether to file it.

If the thirteenth filing applications are examined and approved, the State Intellectual Property Office shall issue the certificate for the record of the patent licensing contract to the parties concerned. 备案申请有下列情形之一的，不予备案，并向当事人发送《专利实施许可合同不予备案通知书》：(一)专利权已终止或者被宣告无效的;(二)许可人不是专利登记簿记载的专利权人或者有权授予许可的其他权利人的;(三)专利实施许可合同不符合本办法第十条规定的;(四)专利实施许可期限超过专利权有效期的;(五)共有专利权人违反法律规定或者约定订立专利实施许可合同的;(六)专利权处于年费缴纳滞纳期的;(七)因专利权的归属发生纠纷或者人民法院裁定对专利权采取保全措施，专利实施许可备案手续被暂停办理的;(八)同一专利实施许可合同重复申请备案的;(九)专利实施许可合同不涉及中国专利权的;(十)专利权被质押的，但经质权人同意的除外;(十一)与已经备案的专利实施许可合同冲突的;(十二)其他不应当予以备案的情形。

During the fourteenth filing period, the State Intellectual Property Office has found that the application for the patent licensing contract has existed in the thirteenth paragraphs and second paragraphs of the present Measures and has not yet been eliminated. The patent licensing contract shall be revoked for the record, and a notice of cancellation of the patent implementation of the permit contract shall be issued to the parties concerned.

The contents of the fifteenth patent licensing contracts shall be registered by the State Intellectual Property Office in the patent register, and the following contents shall be announced in the Patent Gazette: the Licensor, the licensee, the main classification number, the patent number, the date of patent application, the date of the authorization announcement, the type and time limit for the implementation of the permit, and the date of filing. The State Intellectual Property Office shall register and announce the change, cancellation and cancellation of the patent licensing contract after archival filing.

The sixteenth State Intellectual Property Office establishes a patent licensing contract record database, and allows the public to query the legal status of the patent licensing contract.

If the Seventeenth Party extends the time limit for the implementation of the license, it shall, within 2 months before the expiry of the original implementation period, take the change agreement, the Archival Filing Certificate and other relevant documents to the State Intellectual Property Office for the record modification procedures. Changes in other contents of the patent licensing contract shall be handled in accordance with the provisions of the preceding paragraph.

When the time limit for the implementation of the eighteenth patent is expired or the patent licensing contract is terminated in advance, the parties concerned shall, within 30 days after the expiration of the time limit or the conclusion of the agreement, record the cancellation procedures with the State Intellectual Property Office through the Archival Filing Certificate, agreement and other relevant documents.

In the nineteenth case where the patent right of a patent licensing contract filed for record is declared invalid, the State Intellectual Property Office shall notify the licensee, and the parties concerned shall promptly go through the procedures for the cancellation of the record.

The twentieth categories, duration and calculation method or amount of the patent licensing contract, as recorded, can be used as a reference for the management of patent work to mediate the amount of compensation for infringement disputes.

The twenty-first party applies for archival filing with a patent application license contract, and shall refer to these measures. Where a patent application is rejected, withdrawn or deemed to have been withdrawn, it shall not be filed.

If the twenty-second party applies for a record of a patent application contract, if the patent application is granted the patent right, the parties concerned shall promptly change the name and relevant provisions of the patent application contract into a patent licensing contract. Where a patent application is rejected or deemed to have been withdrawn, the parties concerned shall promptly go through the procedures for filing and canceling the application.

The twenty-third way is interpreted by the State Intellectual Property Office.

The twenty-fourth measures shall come into force on the date of the year. In December 17, 2001, the regulations on the archival filing of special licensing contracts issued by the director of the State Intellectual Property Office No. eighteenth were repealed simultaneously.