Contract law:
Article 44 A legally established contract shall come into force 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 invalid under any of the following legal circumstances:
(1) One party enters into a contract by means of 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.
2. 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:
(four) the filing of the patent licensing contract;
Article 89 The patent administration department of the State Council regularly publishes patent bulletins and publishes or announces the following contents:
(ten) the filing of the patent licensing contract;
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:
Some provisions of the Supreme People's Court on the application of laws to stop patent infringement before litigation
Article 4 When making an application, an applicant shall submit the following evidence:
(2) The interested party shall provide the patent exploitation license contract and the relevant certification materials filed with the patent administration department in the State Council. If it is 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.