Should patent license be filed?

Patent license needs to be filed. According to the relevant laws and regulations, if the patentee enters into a patent exploitation license contract with others, it shall file with the patent administrative department of the State Council within 3 months from the date when the contract patent exploitation license takes effect. Without filing, it shall not confront a third party.

legal ground

Article 14 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC)

Where the patent right is transferred for other reasons besides the transfer of the patent right stipulated in Article 10 of the Patent Law, the parties concerned shall go through the formalities for the transfer of the patent right with the patent administration department of the State Council on the strength of relevant supporting documents or legal documents.

The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect.

Where the patent right is pledged, the pledger and pledgee shall register the pledge with the patent administration department of the State Council.