Filing of patent licensing contracts
Hello, the effectiveness and function of filing the patent licensing contract are as follows: After the patent licensing contract is signed, it should be filed. 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. 3. 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. 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.