What will happen if the patent licensing contract is not filed?

1. If it is not filed, it will have a certain impact on the rights of the licensee. For example, when applying for Article 4 of "Several Provisions of the Supreme People's Court on Applicable Laws for Stopping Patent Infringement before Litigation", the applicant shall submit the following evidence: (2) The interested party shall provide the relevant patent licensing contract and the certification materials filed with the patent administrative department of the State Council; if not filed, it shall submit the certificate of the patentee or other evidence to prove its rights. 2. Patent licensing contract is essentially a civil contract. As long as it meets the statutory requirements and there is no invalid situation, it is legal and effective. Contract Law: Article 44 A contract established according to law shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail. Article 52 A contract is null and void under any of the following legal circumstances: (1) One party concludes a contract by fraud or coercion, which harms the interests of the state; (2) Malicious collusion that harms the interests of the state, the collective or a third party; (3) Covering up illegal purposes in a legal form; (4) damaging the public interest; (5) Violating the mandatory provisions of laws and administrative regulations. 3. After signing the patent licensing contract, it shall be put on record. Article 15 Where the patent right is transferred for other reasons except those specified in Article 10 of the Patent Law, the parties concerned shall go through the formalities for the change of the patentee in the State Council with 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. Article 88 The patent administrative department of the State Council shall set up a patent register to register the following matters related to patent applications and patent rights: (4) filing of patent licensing contracts; Article 89 The patent administrative department of the State Council regularly publishes patent bulletins and publishes or announces the following contents: (10) Filing of patent licensing contracts; Filing does not affect the validity of the contract. Filing is just a way for the state to manage patent licensing. 4. The law clearly stipulates that the signing of a patent licensing contract shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect. To sum up, we know the knowledge about the consequences of not filing a patent license contract. After the patent licensing contract is signed, it should be put on record, which is beneficial to the licensee's rights protection in the future. Of course, if it is not filed, it will not affect the validity of the contract. Filing is just a way for the state to manage patent licensing.